Right to write WILL
Gururaj
(Querist) 19 August 2017
This query is : Open
My grandfather purchased property in the name of his mother, who is housewife.My grandfather is only one son to his mother. In sale deed it is clearly mentioned that money paid by my grandfather,also signed by grandfather not his mother. After mother of grandfather expired, is that property shall be treated as self occupied property and authorised to write WILL?
Advocate Bhartesh goyal
(Expert) 19 August 2017
Questioned property has been acquired by your grandfather in inherite�ce and now he is sole owner of property hence property will be deemed as self acquired property of your grandfather.
Ms.Usha Kapoor
(Expert) 19 August 2017
Yes ! It should be treated as self acquired property of your grandfather If he died intestate p[property devolves on class1 legal heirs such as His mother if alive, wife if alive his son and his daughter.If you appreciate this answer please click like button.
Ms.Usha Kapoor
(Expert) 19 August 2017
I ifd yo0u appreciate the above answer please click the like button.
Kumar Doab
(Expert) 19 August 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 19 August 2017
The property from mother's side is not ancestral.
In case of Hindu woman, nature and source of property matters.
In case of Hindu woman that deceases without disposing her estate/property whose title is in her name by a valid/registered deed, the 1st right is of ; her husband (if alive as on date of her death), sons, daughters..............
If husband of Lady pre-deceased her and she had only 1 son and NO other son or daughter then the son is sole legal heir and shall inherit whole estate/property.
The nature of property that devolves by inheritance is self acquired.
Rajendra K Goyal
(Expert) 19 August 2017
Agree with the expert Advocate Bhartesh goyal.
R.K Nanda
(Expert) 19 August 2017
how ur GF signed sale deed when it is in the name of mother of ur GF. his mother can only sign said sale deed. reply?
R.K Nanda
(Expert) 19 August 2017
was ur GF POA of his mother? reply
R.K Nanda
(Expert) 19 August 2017
if ur GF was POA of his mother only then he can sign said sale deed. clarify to get proper reply.
Kumar Doab
(Expert) 19 August 2017
You may respond to the points raised by Mr.R.K.Nanda.
Kumar Doab
(Expert) 20 August 2017
Some locations/states might have allowed husband to appear on behalf of wife and sign sale deed...................and mention accordingly ..............Mrs.Wife thru Mr.husband..........
Kumar Doab
(Expert) 20 August 2017
The property that devolves from mother's side is not ancestral...............
The property that devolves by inheritance is not ancestral and its nature is self acquired..
Kumar Doab
(Expert) 20 August 2017
The investment was made in the name of wife for the benefit of
wife..................The conduct of the deceased husband may also establish it.
Kumar Doab
(Expert) 20 August 2017
It may not become Benami.............
Now what is the purpose behind title of the query?
You intent in title is not posted in query.
Gururaj
(Querist) 22 August 2017
There is no POA papers, GF earned money by himself and purchased land in the name of his mother. We are Hindu. GF had written WILL ,given rights to 2nd son who taken care. First son living separately with his family. Now whether first son has got right in sharing? I appreciate your efforts in resolving the question.
