• Distribution of property after father's death

Dear Sir,
My beloved Father expired on 27th Oct2015 due to dengue, my mother is with us. We are three brother's and one sister.Father and mother did the will registered with notary only not in front of magistrate as below-

1. One house where Parents were leaving should be distributed among three sons, however 5lac should be paid to sister and 2lac each to grand children.
2. 1plot in Delhi should be given to eldest son. This plot is not registered. This is only power of attorney jointly in mother and father's name.
3. 1plot in Panipat should be given to 2nd son. This plot is name of father at present, he took loan to construct 2room house over it, left over amount is around 5lac which now mother is paying from her pension, which is a big burden.

Now once mother is calling all sons to distribute the property, 2nd son is not at all coming and creating trouble. If we go for trying selling out bigger house, court ask for all heirs together. Eldest Son is having Janta flat only where he is leaving in Delhi with family of 4adults, so we are hurry to make arrangement for him either by selling out Delhi Property or at least the bigger house.

1. Sir, Can you please guide how to sell out the properties without intervention of 2nd son though we want to provide sufficient money to him also even though he is very cruel to us as he is having 2daughters.

2. Panipat Property loan we can repay to bank but bank is not ready to give back papers without all heir's. Eldest son is guarantor, can he claim the property paper if he pays the amount. 

thanks and regards-
Vishal Mittal
Asked 9 months ago in Property Law from Gurgaon, Haryana
Religion: Hindu
1. The properties will devolve according to the will. The plot in Delhi can be directly registered in favour of eldest son by mother. It is not clear as to who executed the POA in favour of your parents.

2. Panipat plot can be mutated in favour of second son in the office of sub-registrar. 

3. The properties in respect of which will has been made can be sold only by the beneficiary i.e to whom the property has been bequeathed. The plot bequeathed to second son cannot be sold except by him as the title has in terms of will passed to him.

4. The original documents of the property will not be handed over by the bank to one heir alone unless a NOC is executed in his favour by other heirs. 
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
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Mother is one of the legal heirs, and not the sole heir. The will made by your deceased father cannot be altered by her. However, she is free to revoke her will, if any made by her. The execution of will by your father does not preclude the beneficiaries thereunder from arriving at a settlement different from what is prescribed in the will.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1) was the property standing in name of father or in joint names of father and mother ?

2) probate of will is not mandatory in Haryana 

3) apply for mutation of propertyin name of legal heirs on basis of will 

4) under section 44 of transfer of property act co owner can sell his share without consent of other legal heirs 

5) repay the bank loan on panipat property . Inform your second brother that as per will he was the beneficiary for panipat property 

6) furnish NOC in his favour to bank to collect original papers 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
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1) mother will not be absolute owner of property on your father demise 

2) if she is co owner she can execute will for her share in property and she can revoke the will if she so desires 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
1. Sir, Can you please guide how to sell out the properties without intervention of 2nd son though we want to provide sufficient money to him also even though he is very cruel to us as he is having 2daughters.

Since your father died intestate, the properties shall devolve on all legal heirs hence without his consent you cannot sell the property.





2. Panipat Property loan we can repay to bank but bank is not ready to give back papers without all heir's. Eldest son is guarantor, can he claim the property paper if he pays the amount. 

The property in the name of your father shall devolve on all his legal heirs, the eldest son cannot claim sol ownership in it.

T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
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ir, if mother is alive, will she not become legal heir of all property, or can she change the will or register the will in court now so that transaction can be done? Please guide.
Your mother is one among the legal heirs of your deceased father hence she cannot write a will to the entire properties, she can bequeath by will only her share in the properties. 
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
5.0 on 5.0

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