Hi , My father expired in 2013. The property which was 50-50 between my mother and father has come to my mother than. In 2015 my mother has written a villu to me stating once she expires entire properties belongs to me and also registered it. There is no signature of my sister(own) in the Villu. Hence i got a doubt in future if she or her husband can put some case on me. Also i have a doubt on my cousing(wife's brother) as he has an eye on this and can interfere somewhere? Please Suggest
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On father demise intestate his 50 per cent share would devolve on your mother , you and your sister
2) if you and your sister had executed relinquishment or gift deed your mother would be absolute owner of the property
3) your mother can insuch a case bequeath entire property to you
4) your sister would not have any share as she relinquished her share in favour of mother
5) cousins would not have any share in the property
Hi
How the 50?property of father came to mom.was there any WILLby him.Orelse did it transfer with NOC from children.
If this has not done your mother can bequeath/make WILL only on her 50?and the one share equal to other legal heirs in father's 50?
WILL if registered there will not be any problem .If any other legal heirs have problems ,they can challenge the WILL.
Your cousin's has no right.
To get things done properly you can probate the WILL àproching a court and get a probate order.
Hi Thresiamma , The WILL is registered only. Do my sister still has a right to put some case? Please Suggest
Hi
Your sister can file case challenging the WILL and you have nothing to worry as it is a registered WILL.The witnesses and the medical certificate attached to the WILL is enough to prove the genuinity of the WILL provided your mom had proper title to make a WILL as one can bequàth only whàt he/she own .
If mom had bequeathed the share which belonged to her then your sister can't do anything.
Going to court will not ensure her a share in the property.
Your sister is st Liberty to file suit and challenge the will
1. On the demise of your father his share devolved on his widow and all children through succession.
2. Your mother was at liberty to execute a will of her share. A will is required to be signed by two attesting witnesses, who could be anyone. It was not necessary for your mother to make her daughter an attesting witness. The will can be challenged on the ground that it was executed by her without her free consent, but whosoever challenges it will have to prove lack of free consent.
Hi
1) You should get the WILL probated in the court and enjoy the ownership and possession of the property.
2) Since the WILL is registered, ideally courts will not have any objection to transfer of ownership through WILL.
3) At the most, your sister might say that the WILL was executed by your mother under undue influence and coercion by you. However she has to prove her allegations in the court.
4) So in all likelihood even if your sister files a suit stating that the WILL was executed under undue influence and coercion, you have 99.99% chances of winning the case.
5) No worries.
Hope this information is useful
If the property was jointly owned by your father and yor mother then your mother alone cannot become an absolute owner of the entire property.
Your father's share in the property shall devolve on all his legal heirs namely you mother, sister and yourself.
Therefore your mother can transfer the property by testamentary disposition only to the extent of her share in the property.
Your sister can emerge with a claim seeking her share in the property at anytime even due to an inducement by external forces, so you may better be careful on that aspect.
The WILL is registered only. Do my sister still has a right to put some case?
Your sister has a right for a share in the property as per the explanation given in my previous answer.
She may come with a claim at any stage later so you may have to prepare defence as per law.