Revocable will
sanjay jain
(Querist) 03 May 2013
This query is : Resolved
My wife and My father jointly sharing a Co. Op. housing society flat in Delhi on a Registered GPA and registered agreement to sell dated 11/01/2005 .now my father death is happen in Aug 2006.
Now when i try to Mutation of this flat My mother and both the sister are asking to transfer father share in mother name and make a will from mother in favor of me.
in this regard i have no issue in this but only doubt that they may change will later on in favor of my sisters.
I just want to know there is any type of will which revocable.
This is my only house.
Please advise.
My complete family details are as follows:-
Father ( Dead )
Mother
Myself ( Only Son)
My wife
My daughter
Sister 1 have two sons Child
Sister 2 have 2 Girls Child
ajay sethi
(Expert) 03 May 2013
on your father death it is only fair that your father share should go to your mother . please take note that since your father died intestate hi share would devolve on your mother , you and your sisters .
the fact that your sisters are not claiming any share and only want your father share to be transferred in your mother name prove that they have no interest in property .
your mother can make a will bequeathing her share to you and sisters if she so desires or bequeath it only to you .
R.K Nanda
(Expert) 03 May 2013
agree with sethi.
Devajyoti Barman
(Expert) 03 May 2013
After the death of your father, his half shares devolves in equals shares upon you, your mother and two sisters.
So as regards their shares you can do nothing except their consent.
prabhakar singh
(Expert) 04 May 2013
Although answers with regard to law of succession is correct but I find that neither your father nor your wife have any ownership right in the flat as it was simply an agreement to sale(though registered) accompanied by a GPA but no sale deed still executed.
Has delivery of possession also written in agreement to sale?
