Legality of willnama
Jaganmohan K
(Querist) 24 March 2012
This query is : Resolved
The following information has been given by my wife.
STATUS OF MY PARENTS PROPERTY
We have 3 sisters and 2 brothers. All are married. My brothers are living separately (away from parents since long time). My father got one small portion of House consisting of 20 Sq.Yrs. as his share from the ancestors property in Secunderabad. My father has built a small house in a plot of 70 Sq.yrds in a prime locality of Secunderabad. This house has been built from out of his own earnings. While constructing the house, my second brother has also contributed a small portion of amount. However, the house is in the name of my Mother. After marriage of my elder brother, my parents have asked him to stay in the small house (My father’s ancestors property) but there is no written agreement. Accordingly, he stayed for some time and subsequently,he has vacated that house and staying some other rented house. He (my brother) has renovated that small house by incurring expenditure from his own amount and the same has been let out for rent. The renovation has been made with the consent of my parents. My brother is enjoying the rent since long time.
During the year 2011, my father expired. As per Hindu sampradayam, my elder brother has done all the file rights of my father and the expenditure for the funerals of my father has been met by all the 3 sisters. My mother is living alone in her house on the income (rent) receiving on her house, which has been built my father.
Now situation has arised that the sons and daughters wanted to distribute the property of my parents immediately to avoid legal litigations.
My mother do not want to give share to my elder brother, in the property built by my father (70 Sq. yrds House in Secunderabad), since, he has already been given ancestors property and he is enjoying the income generating from such property).
Kindly advice me (1) whether the willnama if any written by my mother can be changed/cancelled. (2) Whether it is advisable to divide the property/dispose the property and distribute the sale proceeds among the brothers and sisters, while my mother is alive. (3) Whether the daughters are having equal rights to share the property owned by the parents.
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Raj Kumar Makkad
(Expert) 24 March 2012
1. Generally such will made by a testator against her self acquired properties cannot be cancelled and the same remains intact. The house of 70 Sq. Yards is in the name of your mother though amount had been incurred thereon by your father and younger brother but the same belongs to your mother as such she is fully capable to get it dispose off as per her free will and desire.
2. It all depends upon mutual understanding. legally there is no such problem.
3. Yes.
Jaganmohan K
(Querist) 27 March 2012
I thank you for your kind advice. One more think I would like to mention here that, I proposed to form a committee members consisting of all the brothers and sisters and their spouses to look after the following issues:
1. the issue relating to the property of movable and immovable distribution among the committee members. The committee discuss the issue in detail duly obtaining the opinion of the each member and based on the opinion of the majority members, the property will be distributed accordingly. This should be accepted by everybody.
2. To look after my old mother, each member should contribute Rs.1000/- or more every month and deposit in the bank account to be opened as joint account (any two members). The monthly expenditure of my mother including medical etc. shall be met from that amount, so that there will not be any burden to any member.
3. Even other issues if any relating to the property of my mother (Movable or immovable) shall be discussed in the committee and sort out the issue.
4. The main intention to form the committee is, if any member do not accept the decision of the committee and proceed court of law, we can place the proceedings of the committee before the Court as a proof.
Kindly advice me on the above proposal, for which I shall be ever thankful to you.
