will
Querist :
Anonymous
(Querist) 02 November 2010
This query is : Open
My father died in 2006.My mother is living with us and we are a joint family of three brothers and three sisters.All three brothers and two sisters are married.All our property is in my father's name.How to get it transferred in the name of My mother? Or will it be presumed to be transferred in the name of mother? Since my mother is 75 years old she is unable to walk because of vertebral ailment but able to understand everything.If she makes a will,how to get it registered as I have come to know that she must have to attend the registrar's office.Please advise me.
s.subramanian
(Expert) 02 November 2010
The Registrar can be brought to your mother's residence also by adopting the procedure prescribed for this purpose under Then Indian Registration Act.
pawan sharma
(Expert) 02 November 2010
i. the property equally devided in all the hears i.e. you mother, your's brothers, your's sisters and you.
ii. you can apply for the transfer of names in the property in Nagar Negum or Municipal Board with attacment to the death certificate of you father's death on the prescribed form.
Devajyoti Barman
(Expert) 02 November 2010
The property will not automatically come to your mother during the life time of your father. For that your father either will have to execute a Will or Gift deed in your mother's favour.
Once your mother becomes the owner of some property she can bequeath it either by testamentary or non testamentary instruments.
Givven the physical and mental condition of your mother I do not think that executing the Will would be a good option as it would be amenable to lot of controversy. Better go for gift deed.
R.Ramachandran
(Expert) 02 November 2010
Since your father has already died without leaving any Will, the property will be inherited in equal share by all his legal heirs ie. your mother, you, your brothers and sisters.
If you can say what do you people want to do with the property in question, I will be in a position to suggest how to do it.
Kirti Kar Tripathi
(Expert) 02 November 2010
Since the property is in the name of your father, he has already died without any will, it has automatically came in the joint names of your mother, brothers and sisters under the law in equal shares.
Prakash Yedhula
(Expert) 08 November 2010
The property would devolve by intestate succession and your mother, yourself and your brothers and sisters all have equal one share. All the members/sharers can enter into a partition deed to divide the property by metes and bounds to have separate shares and thereafter the respective shares can be mutated.
