Property matter with my sister

James Robert (Querist) 26 October 2014 This query is : Resolved
My father had given share of property to my sister and she is married. After my father's death she is staying in my father's home with my mother. She also sold her share given by my father. She also created Death Will of my mother without her knowledge and added her in nominee. Now I want to create new will and wanted to remove her from my father's house. Kindly suggest what is the procedure.

Follow Query

Report Abuse

ajay sethi (Expert) 26 October 2014
did your father bequeath flat to your mother ? if so your mother can bequeath flat to whom sover she desires . she can revoke the will if she so pleases . you dont have any say in the matter . your sister is staying in said flat with your mother consent

Sudhir Kumar, Advocate (Expert) 27 October 2014
nothing more to add based on given facts.

Rajendra K Goyal (Expert) 27 October 2014
Your father has given share to your sister, if he expired intestate, your sister is entitled for share in rest of the property like other legal heirs, provided no preventing clause existed in the documents.

Your mother can change the will at any time for the property or share she owns.

James Robert (Querist) 27 October 2014
Can my mother give her legal notice to leave the house? Also if she refuse to leave the house after legal notice, what can I do?