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Rupa Babu   09 October 2021

Sister not acc

Sister is not accepting for settlement. Property in father, s name. No sons. Can my mother write a will to myself and my sister for the property in fathers name.


Quick Summary
When a father passes away, his property devolves to his legal heirs, which in this case includes the mother and sisters. While the property remains in the father's name, the mother can only make a will to bequeath her own share of the property. She cannot write a will for the entire property as her sisters also have rights to it. If your sister is not agreeing to a settlement, your mother can still decide who inherits her portion.

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     09 October 2021

When the property is your father's property, how can your mother write a Will? Is it a test for here.

Rupa Babu   09 October 2021

My father has expired. Property is in fathers name. Can my mother write a will for this property

kavksatyanarayana (subregistrar/supdt.(retired))     09 October 2021

The legal heirs of your father have equal rights over the property.  Hence if your mother wishes to gift her share to your sister or you or anyone else.

Rupa Babu   09 October 2021

Sister is not signing the release or settlement document. So, my mother wants to know I'd she can write a will

Dr J C Vashista (Advocate)     10 October 2021

Your mother can bequeath her share in favour of anyone.

P. Venu (Advocate)     10 October 2021

On the death of the father, the property has already devolved upon the mother and the sisters. The mother can bequeath only her share in the commonly held property.


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