If the property belonged to your father and his will is authentic and legal then the will shall be enforcement by the siblings including you. Therefore if the details of the properties have been mentioned act accordingly.
.My father is no more with us My mother is still alive My father wrote a will that as following in his will One house will be given to me Another house will be given to my brother and one plot will be given to my sister of equal area All the three mentioned properties are of equal area Can my siblings ask me to vacate my house after my mother s death if my mother writes an will will it override my fathers will can my sibbing's ask me to vacate my house after my mothers death
I am unmarried male 45 both my siblings are married My mother has not written a will as of now
If the property belonged to your father and his will is authentic and legal then the will shall be enforcement by the siblings including you. Therefore if the details of the properties have been mentioned act accordingly.
If you are absolute owner of flat your siblings cannot ask you to vacate flat on mother death
your mother has no share in flat and cannot execute will in respect of flat bequeathed to you
The house which has been given to your mother can be given by her to anyone as she pleases. She may write a will
I dont have copy of my fathers will But i read it it clearly tells that one house will be transferred to me after my mothers death I dont want my siblings to get share in my house after my mothers death What is the best and easy way out
Your rights will depend entirely on the validity and contents of your father’s Will and the ownership status of the property.
If the house was self-acquired property of your father and he has clearly bequeathed one house to you through a valid Will, then after his death, the property will devolve as per that Will. In such a case, your siblings cannot ask you to vacate once your right crystallizes, subject to the terms of the Will.
However, since you have stated that the Will provides that the property will come to you after your mother’s lifetime, it appears your mother has a life interest (right to reside/use during her lifetime). After her death, absolute ownership should pass to you. During her lifetime, she cannot ordinarily override your father’s Will with respect to his property, unless the property was jointly owned or she had independent ownership rights.
Your mother cannot override your father’s Will by making her own Will in respect of property that exclusively belonged to your father. She can only make a Will for property that is legally in her own name or share.
Your siblings also cannot claim a share in that house if:
The Will is valid, and
The property was your father’s self-acquired property
However, since you do not currently have a copy of the Will, this is a critical risk. Without proving the Will, the property may be treated as intestate, in which case all legal heirs (mother, brother, sister, you) may claim equal share.
The safest and most practical steps for you are:
Immediately obtain a certified copy of your father’s Will
After your mother’s lifetime (or earlier, if needed), initiate probate proceedings (especially advisable to avoid disputes)
Ensure your possession and rights are properly documented
If you want to further secure your position, you may also ensure that:
Property records and municipal entries are aligned with the Will
Any future disputes are pre-empted through legal documentation
In summary, your siblings cannot force you to vacate if the Will is valid and enforceable, and your mother cannot override your father’s Will for his property. Your priority should be to secure and legally establish the Will.
Dear client
If however your father executed a valid will clearly distributing separate properties (one property (a house) to you, one to your brother and one to your sister) then that will will govern the distribution of his self-acquired property. In such a case, your siblings would not be able to ask you to vacate your house after the death of your mother if the will specifically granted you with his house. However, as the will states the transfer will come into effect after the lifetime of your mother, probably what it means, is that your mother has a life interest (right to reside/use the property during her lifetime). After her death the property will go to you absolutely and your siblings will then have no claim over the property.
Your mother cannot override the will made by your father with the will made by her with regard to the property in question (such property being passed on to your mother in absolute terms by your father, i.e. complete ownership, before or after his passing away). She can only make a will for her own share or property and not assets already bequeathed by your father. To secure your position, the best practical thing that you can do is to obtain a copy of your father's will, make sure that it is legally valid (it is best for it to be probated if required) and keep proper documentation. This will protect your rights and avoid any future disputes with your siblings.
How to obtain a copy of will and what is the best practice followed that my house is safe after my mothers death I am unmarried and by siblings are married My mother has not written any will after my fathers death
Can my siblings somehow persuade my mother to write a will when she is is bedridden to transfer my house to my siblings My mother has full faith on them but I know my siblings are doing forgery In that scenario what can be done
Sell the property if property is in your name only
if mother is joint owner she can execute will if she so desires for her share
you can challenge will on mother demise on grounds she was not mentally fit or on grounds of coercion or undue influence
my mother wrote that i am the absolute owner of a house after her death my husband will be the absolute owner and after his death i will be the absolute owner.My father has passed away My father in his will wrote that he owns a house he is a absolute owner of a house it will vest in wife my mother will be absolute owner in case of my mothers death my brother will be the absolute owner in regards to a plot he has written that my wife death my sister will be the absolute owner.It is a combined will My question is can my mother change a will for the house that is to be given to me.In case by sibblings persuade her during her last stages can she change it and remove my ownership What can be done when my mother changes a will that she is the absolute owner and is to be given to me,can i appeal anywhere regarding this
If i become the absolute owner of the house that my mother gave me.I am unmarried,can it be claimed(acquired) by my siblings after my death through some legal processing in case i dont write a will What should i do after my mothers death to secure my house
Will is registered or not? If it is a registered will then it can be obtained. If not then ig can be challenged and by asking your mother to write a will.
The property bequeathed by your father in favour of the named beneficiaries shall become the absolute property of the beneficiaries, therefore your brother or other siblings cannot evict you from the property that was allocated to you and it is immaterial whether your mother is alive or not living.
She has no rights in the share of property allocated to you.
If your mother is not owning any property then she cannot transfer any property which is not existing on her name.
Your marital status has nothing to do with this.
You should get a copy of the registered Will directly from the sub registrar office and enforce the Will by applying for transfer of revenue records to your name even though your mother has been given life interest in the said property.
Since this property is allocated to you, it will automatically devolve on your name after the lifetime of your mother.
You apply for certified copy of the Will before the concerned Sub registrar office.
Since this property is marked to you, your siblings have no rights in the property either during the lifetime of your mother or after that.
Your mother is having only life interest in the property allocated to you hence even if your siblings force your mother to write a Will on their names, it will not be legally valid since you are named as the end beneficiary of the property bequeathed in your name hence your mother's Will either forged or forced or written out of her consent is not legally valid, you can get it nullified by filing a suit to declare it as null and void.
Your mother is having only life interest in the property allocated to you hence even if your siblings force your mother to write a Will on their names, it will not be legally valid since you are named as the end beneficiary of the property bequeathed in your name hence your mother's Will either forged or forced or written out of her consent is not legally valid, you can get it nullified by filing a suit to declare it as null and void.
In the event of your death, the property lying on your name shall devolve on your legal heirs, i.e., since you are unmarried and reported to have died intestate then the property on your name will pass on to your class II legal because your class I legal is not alive.
The class II legal heirs are the legal heirs of your deceased father.
If you don't want that this property to go to your siblings you can write a Will bequeathing the property in favour of any charity trust or anyone of your choice.
If your mother is attempting to write a Will bequeathing the property which is not on her name but on your name, you can challenge it properly in the court of law.
Dear client
Upon the death of your father, if your mother received the property as a sole proprietor, then she has the right to alter or draft her last will and testament any time while competent to do so. Even though she may have originally stated the house was for you, so long as she is competent to make a will, she can legally change it. Should your siblings exert undue influence, force or commit fraud in the process of making the will, you may contest that will in a court of law after your mother's death.
Because your mother is currently bedridden, you will want to ensure that any new will she makes is made free of all outside influences, and that it is executed in the presence of two independent witnesses, and preferably also registered. The act of registering the will is not mandatory, however, it carries a great deal of weight as evidence of the genuine intent of the testator.
In order to protect yourself:
You should file for probate (if permitted under the law of your state) or effectuate the mutation of the property into your name in the municipality's records, immediately upon your mother's death.
If you become the sole proprietor of the property and die without leaving a will, the distribution of that property will take place via the Hindu Succession Act of 1956, and your siblings shall also have an interest. Therefore, you should write your own last will and testament identifying to whom you wish the property to pass.
Best practices: preserve your records, act to register your last will and testament, and avoid ambiguity
The answer depends entirely on your father’s exact wording. If his will gave your mother only a life interest / right to stay and enjoy, and then gave the house to you after her death, your siblings cannot evict you from that house after your mother’s death. But if the will truly made your mother the “absolute owner”, then she can deal with that house as her own, and a later will by her can control it. A person can revoke or alter his or her own will at any time, but your mother cannot “change” your father’s will itself.
So, the most important step is to first obtain the will copy and check whether it gives your mother an absolute estate or a restricted estate. Under the Registration Act, after the testator’s death, a certified copy of a registered will can be obtained from the Sub-Registrar.
If any fresh will is made by your mother while she is bedridden, it can be challenged later on grounds like lack of mental capacity, coercion, or undue influence, but that challenge happens only after the document surfaces. The best protection right now is to secure the registered copy of your father’s will and get a local property lawyer to read it line by line.
Also, if you later become owner and die unmarried without making your own will, your property can devolve under the Hindu Succession Act, so you should make your own registered will after title comes to you.