property is in the Name of Mother/Late father
Querist :
Anonymous
(Querist) 23 May 2011
This query is : Resolved
Dear Sir,
I lived in Panjab.My parents has four children two daughters & two sons & A house was Purchased in the name of My Father & Mothers Jointly at Patiala and after that My father was expired few years back and now we two brother are Living with mother in that house but one sister who has Left the house few years back without informing us and go for love marriage after that no relation was maintain with Her family and recently she send one notice to me,my brother,mom & sister stating that She has right on this house wheares now this house is in the Name of my mother and she was going to prepare one will of this house between we three brother & sister.
So Please Guide be what will be the legal remidies available if my Mother dont want to share this house with her.
M.Sheik Mohammed Ali
(Expert) 23 May 2011
you father self earned property, now deceased your father, so now all rights having to your mother, your mother can do any thing as wish herself, this is self earned property.
R.Ramachandran
(Expert) 23 May 2011
According to you the property has been registered in the name of your father and mother. That means the property belongs to your father and mother in the ratio of 50:50.
After your father's death, since he has not left any WILL, his 50% share in the property will go by way of inheritance amongst all his legal heirs EQUALLY.
The legal heirs of your father are: his widow (i.e. your mother), his two sons and two daughters. That means, all the legal heirs will get 1/5th share from out his 50% share in the residential property.
Therefore, your mother cannot write any WILL for the entire property. At best, she can write WILL only in respect of her 50% share which originally possesses + 1/5th share which gets from her husband by way of inheritance.
Guest
(Expert) 23 May 2011
Agree with Mr. Ramachandran.
M/s. Y-not legal services
(Expert) 24 May 2011
Yes am agree with mr.ramachandran. Your mother can make will for her half share only. And your sister can claim 1/5 share only which is divided from your father's name..
