Querist :
Anonymous
(Querist) 27 May 2010
This query is : Resolved
A house was purchased in my fathers and mothers name though the entire amount was paid by my father.My father died without making a will.We are three brothers in all.Can my mother make a will of the entire property in favour of one of the sons only?
A V Vishal
(Expert) 27 May 2010
No she cannot make a will for the entire property.
G. ARAVINTHAN
(Expert) 28 May 2010
Your mother can execute will in respect of her half share in the property
G. ARAVINTHAN
(Expert) 28 May 2010
But She can execute will of her half share to any person she wish to execute
Raj Kumar Makkad
(Expert) 28 May 2010
No. She is owner of 1/2 share plus share received by way of inheritance of your father. She can make will qua the aforesaid portion.
Legal Eagle
(Expert) 28 May 2010
I agree with Mr. Makkad's opinion.
Surrender K Singal
(Expert) 28 May 2010
Remaining two brothers would be left with 25% being half of 50% of their father's joint ownership whereas the beneficiary of Mother's Will would get 75% ! Jai Shree Ram !!
niranjan
(Expert) 28 May 2010
50 pc of mother,plus 25 pc of remaining 50 pc i.e. 12.50 will go to mother.Each brother will get 25 pc.i.e. 12.50 each brother.
Ashok Yadav
(Expert) 28 May 2010
Mother is owner of 62.5% share in that flat, she can make Will in favour of anyone, of her 62.5% Share only, all three brothers are owner of 12.5% share in that house , after death of their father. Mother can not make a will of 100% share.
If mother makes a will in favour of her one son, that son will be owner of 75% share in that flat, after death of their mother, while two other shall have only 12.5% + 12.5%.
Uma parameswaran
(Expert) 29 May 2010
Half of the property shall goes to mother.Balance half will divided as four portion .Mother can make a WILL For her half share and also one fourth in balance share.
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