Regarding writing will
arunabaskar
(Querist) 20 February 2015
This query is : Resolved
hi
my dad died 2years before he had a farm land we are 2 daughters and 1 son my dad had no proper income so i started to help him after he died me and my younger sister cleared all the debts within 1year my mom diagnesed with cancer me and my sister spent for her surgery and treatment till now my brother didnot do anything now she is in her last days she wants to write a will but the property is in my dad's name has she have right to make a will?we have spent 15lakhs for everything in what propotion can we claim the property please give ur valuable suggestion
kavksatyanarayana
(Expert) 20 February 2015
@AUTHOR, IF YOUR FATHER DIED INTESTATE, THE PROPERTY OF YOUR FATHER DEVOLVED AMONG ALL THE LEGAL HEIRS. HENCE FOR YOU, YOUR SISTER, YOUR MOTHER, AND YOUR MOTHER HAVE EQUAL RIGHTS OVER THAT PROPERTY. HENCE FOR YOUR MOTHER'S SHARE, SHE CAN EXECUTE A GIFT DEED IN FAVOUR OF YOU AND YOUR SISTER. OR DIVIDE THE PROPERTY IN 3/4TH SHARES TO YOU, YOUR SIS AND MOM AND 1/4 SHARE TO YOUR BROTHER. AFTER GETTING 3/4TH SHARE TO YOU, YOUR SIS AND MOM, THEN YOUR MOM CAN EXECUTE A RELINQUISHMENT DEED IN FAVOUR OF YOUR SIS AND YOU.
arunabaskar
(Querist) 20 February 2015
thankyou for ur reply sir
Devajyoti Barman
(Expert) 21 February 2015
After the death of your father the property is divided among all of you in equal undivided 1/4 th share. Now any of you can transfer his/her 1/4th share in favour of other co-sharer but not more than this.
ajay sethi
(Expert) 21 February 2015
agree with Mr barman
T. Kalaiselvan, Advocate
(Expert) 22 February 2015
If you want to claim the amount spent on your mother through her share in the intestate property of your father, you may ask your mother, who is reportedly in her last days of her life, to execute a Will in your favor bequeathing her undivided share in the property, this will take care of the situation and your desire to acquire your mother's share of property besides your own share in it.
Rajendra K Goyal
(Expert) 23 February 2015
Agree with the expert Devajyoti Barman.
