LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raajeev Sampat. (Self employed.)     16 April 2014


My father in his will gave his only self acquired property to my sister.I and her are one son and one daughter.Later in his last codicil he then gave that same only self acquired property to my sister's husband.My brother in law is the owner now of my father's only self acquired property after my father's death.I gave my consent in transferring the property and the probate has come now in my brother in law's name.My mother who lives with me in that property has a life interest in that property in the will as well the later codicil.My question is that as the only son of my father do i have a right to stay and reside in my fathers self acquired property.Father died a year ago.Please advise?


 6 Replies

adv.raghavan (Advocate,9444674980)     16 April 2014

As long as they wish ,you do not have a problem.

Raajeev Sampat. (Self employed.)     16 April 2014

And sir,if my sister asks me to vacate,do i have any rights to stay?

Rahul Choudhary (Student)     17 April 2014

your father's property must be divided in two halfs.. one your and another your sisters. 

Vivek Gohil (CEO)     17 April 2014

Want to have a sample for noc letter for selling parental property from my sister.

k.chandrasekharan (advocate)     18 April 2014

with the rudimentary information you have given, it appears that the codicil supercedes the will with respect to the beneficiary, instead of your sister as originally envisaged, to her husband.  It also appears that you have appeared in the probate case before the court and expressed your no-objection to grant of probate. thus the will and the codicil are presumed as proved and hence the probate is granted.

It also appears that your mother has been given life interest in the house. it is not clear whether to live in a portion of the house only, the rest of the portions enjoyed by the beneficiary of the will. Presuming that 'life interest' covers whole of the property, and includes living and/or renting out and enjoying the rent, the following opinion is provided:

Your mother alone can have the right of living in the house with or without the support of any other person of her choice. You can stay, if your mothers permits you. Except your mother, no other person, including the present title-holder (owner0 has got any right to evict you. Eviction at any time by your mother only can be enforced, during her lifetime. Later on you will not have any right to stay.

Raajeev Sampat. (Self employed.)     18 April 2014

Thank you for your valuable advice Mr.Chandrashekaran.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register