Home selling right
minaxi
(Querist) 08 May 2018
This query is : Resolved
Gm sir.
I am pesuing law..llb student.i have a query about property right
My dad has made his property will.
After frst wifes death he married with my mom.
Dad has a son and daughter by his frst marriage.
We are 3 sister of his second marriage.
All the childern from the fsrt marriage are well settled and there is a huge age difference between them and us.
My dad fulfilled all the formalities of their study and marriage.
But after marriage they started ignorance to my dady.
We all 3 sister very young to understand this all.
As my dad gets older and becomes seek oftenly he made will.
In his well he mention that i declare that my all the property will be on my wifes name after my death.
I remove them all from my property.
Now there are approx 5 yrs of death of my father.
They all demanding their portion from the property.
My mom wants to sell the house.
So pls tell me are they all liable for rupees which are collected from ghe sell of house.
Kishor Mehta
(Expert) 08 May 2018
Your father was well within his legal rights to prepare a Will of his self acquired properties, and bequeath the property to whosoever he wished. Since he has bequeathed the property to his wife no one has a legal right to demand a share of his property.
Ms.Usha Kapoor
(Expert) 08 May 2018
Your father is well within his rights to create a will and pass on-his self acquired property through it to his wife his property rights or bequeath to anybody else under the will. Your Dad's 1st wife's children have no rights to interfere in their father's self acquired property rights.
Kumar Doab
(Expert) 08 May 2018
Which personal law applies in this case say ;Hindu?
Was all estate/property self earned/acquired?
Is the WILL registered?
Has the WILL been duly acted upon without any cloud on IT and property mutated in the name of beneficiary based on WILL?
Dr J C Vashista
(Expert) 09 May 2018
What is the status of the property involved in the will i.e., ancestral or self acquired?
Where is the property located i.e., Mumbai, Chennai, Kolkata or some-where else as the testamentary law differ?
Kumar Doab
(Expert) 09 May 2018
If you wish you may respond on points being raised in the thread for you!
