is WILL sufficient

Querist : Anonymous (Querist) 20 May 2011 This query is : Resolved
There are 3 Son and 2 Daugters Staying with Mother.

Mother age about 75(uneducated) has House owned (earned) by her husband (Father).

Now Two Sons wanted to sale the house & they are trying to take sign or pressure to mother for selling the house.

But that 1 Son dont want to sale the house.

Please guide me what document mother has to make for stopping them to sale the property and before selling the property consent of all the legal heirs should be must. Without consent of other legal heirs that two Sons should not sale the property. Please guide me for the preparing proper documents to stop them to sale the property.

WILL is sufficient.

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M/s. Y-not legal services (Expert) 20 May 2011
Already this same query posted yesterday.. Also experts gave some valuable advise. Now again once you are posting the same query..

R.Ramachandran (Expert) 20 May 2011
If the property was earned by the father, and if he had not left any WILL, then the property will go EQUALLY by way of inheritance to all his legal heirs (wife, three sons and 2 daughters).

Without the consent of all the legal heirs, the property cannot at all be sold.

Since two sisters, one son and mother who have totally 2/3rd of the share (the two sons put together have only 1/3rd share) are opposed to selling the property, the two sons cannot sell it at all.

The mother's share of 1/6th can be protected by the two sisters and 1 brother, if the mother leaves a REGISTERED WILL in their favour of her 1/6th share.

Kirti Kar Tripathi (Expert) 20 May 2011
How she got said property from her husband ? either by will or as legal heir or by any other mode, the answer of this query depends on this aspect. please clarify ?

Kirti Kar Tripathi (Expert) 20 May 2011
Mr. Ramachandran has given perfect advice. Nothing to add.

Advocate Bhartesh goyal (Expert) 21 May 2011
I also agree with Mr R.Ramchandran.

Guest (Expert) 21 May 2011
Agree with Mr. Ramachandran.

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