Civil Procedure Code (CPC)

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parshva   26 July 2016

Property heir and rights

I bought a property recently in Mumbai and has 2 other names on it, my wife and my Mother. As my Mother's name is in the property, do my siblings i.e. brothers or sisters have legal right on the property even though I bought the property and not my father?

How can I ensure that my mother's name stays in the property but there are no other claimaints of the property?

1. If my mother does a will and if the will is challenged, can there be legal issues?

2. Is there a possibility of a Gift deed with clauses?

Suggestions would be appreciated.

 



 13 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     26 July 2016

Sir, 

 

Get the Will prepared and get it registered ..... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Kumar Doab (FIN)     26 July 2016

At Mumbai it is mandatory to probate the WILL.

It shall certainly be better to register the WILL.

Avoid Gift deed with conditions.

Gift shall confer ownership on donee with immediate effect.

 

 

 

parshva   26 July 2016

Thanks, can the probated / registered will be challenged?

Kumar Doab (FIN)     26 July 2016

WILL; be it registerd can be contetsed. However registered WILL  may not be easily set aside on the counts of authenticity. Original shall be in the custody of registar.

 

Probate is under seal of the court.

 

parshva   26 July 2016

Thanks Kumar, if you can explain in simple terms please.

Although the Will can be prepared and registered, can someone like lets say my sister's son come and challenge the Will?

Kumar Doab (FIN)     26 July 2016

It is in simple language and easy to understand.

Consult a very able counsel at your location.

JustAdvisor (IT)     27 July 2016

have young and unshakeable witnesses for the will. a doctor will certify your mother's fitness of body and mind while making the will. registration makes it that much tougher to challenge.

parshva   27 July 2016

Thanks Kumar, what I meant was its difficult to understand legal language.

Thanks JustAdvisor and Kapil.

So Will is better according to you, right.

Kumar Doab (FIN)     27 July 2016

At Mumbai it is mandatory to probate the WILL. Exepnses are involved.

If you are particular about expenses, check this part as well.

You have been advised to the detail posted by you.

Further check with a very able local counsel.

Have you consulted anyone at  Mumbai?

parshva   27 July 2016

I am in process of consulting now in Mumbai, expenses isnt a issue as such.

I am only concerned about the right info in the will etc.

Kumar Doab (FIN)     27 July 2016

LCI Expert Mr. Hemant Agarwal is at Mumbai and have been posting expert opinion on property matters at Mumbai/Maharashtra.

 

If you wish you may benfit from his counsel.

 

Belinda dsilva   28 July 2016

Hi Good afternoon,

My mother wants to know her rights. My mother had 5 brothers, 2 brothers have passed away. Hence, my mother now has 3 brothers that are alive. My mothers, mother (My granmother), purchased a house. In that house, my mothers elder brother is living with his wife and daughter. The other two brothers have their own house and are living separately. My grandmother passed away without putting the house on anyones name. My mothers, wants to ask her share. The house is a pagadi system. The landlord is still alive. Please advise, how should my mother claim for her rights and will the brother (living in the house), cause a trouble ??. My mother is not on talking terms with the brother living in that house.

Thank you.  

Kumar Doab (FIN)     28 July 2016

The succession/inheritance is as per personal law that applies to deceased owner.

Generically speaking: all children may have equal share.

Local laws are also involved.

You may get in touch with local counsel.

 

 


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