Whether will of father applies if mother left no will
srinivas
(Querist) 07 May 2015
This query is : Resolved
my father left a will giving the house to my mother.in that he has said that house cannot be sold and after his wifes death property can go eually to all his four children.now my question is
1)since we have not got the succession certificate/decree from court based on will property still continues to be in my fathers name .my mother says you get the mutation after her death.can we do that .also pl let me know whether my mother has to make a will in favour of her four children now .if not whether my father will be valid if my mother does not make any will and does not get the property transffed in her name.
2) can we get the property transfered in all four children name and my mother without showing the will .
3) how long one can keep the property in the name of person who is no more .what are the plus and minus points
Kumar Doab
(Expert) 07 May 2015
1. Show the WILL to an able lawyer dealing in revenue/property/civil matters.
2. Based on what you have posted the estate’s (house) owner (your father) and has provided for the enjoyment of rights to live in the house for life time to his wife (your mother) and after her death the house can be devided equally in all of the 4 children.
3. Your mother is right that you can mutate the house after her death.
4. The WIIL does exist hence it is shall be proper on your part to give the effect to the WILL.
5. If all of you 5 are the only legal heir/successors of the deceased owner then otherwise also all of 5 can enjoy the property.
6. As per WILL after the mother’s death the house shall be divided in 4 equal parts……………otherwise as you have schemed in 5 parts. Then mother’s share shall be equally divided in 4 equal parts after her death.
7. As already mentioned ‘The WIIL does exist hence it is shall be proper on your part to give the effect to the WILL.’
Further your lawyer that you will contact in person can guide you.
Rajendra K Goyal
(Expert) 07 May 2015
You can get the property transferred in the name of persons mentioned in the will after your mother.
srinivas
(Querist) 08 May 2015
pl let me know how long the property can be in the name of the person who is no more .will it create any problem if we continue to keep it so.
malipeddi jaggarao
(Expert) 08 May 2015
As per the Will, presently your mother is the owner with enjoyment rights and without right to sale. Transfer the property in the name of your mother. Why do you ask how long the property canbe in the name of the person who is no more? What prevents you to get it transferred in your mother's name? After the demise of your mother, as per the original Will of your father, all of you will have to share the property.
T. Kalaiselvan, Advocate 
(Expert) 09 May 2015
I agree to the experts. The will executed by testator has come into force after his death, therefore as per will, the property can be mutated after the demise of the life time beneficiary i.e., mother, in favor of other beneficiaries.
