Regarding Property
Querist :
Anonymous
(Querist) 02 May 2011
This query is : Resolved
My mother in law is widow, she is above 60 years old. She have four child 2 son & two daughter all are married & both son is elder then the daughter. Both the daughter are well settled in their life and both the son are living on rental flat. Mother in law was having house in chawl at sion it but sold that in 12.50 lacs and buy house in chembur in chawl at 13.50 lacs and now it costs 20 lacs. Property is on mother in law's name.She is given that room on rent and she only taking rent& staying with yonger son in rental room after elder son got married approxmately since 9-10 years & elder son is not at all look after her since then not giving any money or nothing. Now my mother in law made a will in which she mention 70% of yonger son & 30% elder son in her property.But in that case if we dont want to sale her flat after her death then it will goes to which son. actualy yonger son want that her flat after her death and ready to give some of amount to the elder son. Is this can be done even after she had made a will or should we make another will antdwhat we should write in that. Also i want to know what are the rights of her both the daughters in her property.
R.Ramachandran
(Expert) 02 May 2011
Since the property is that of your mother-in-law, nobody (neither the son(s) nor the daughter(s)) has any right to claim any share in it.
Therefore the mother-in-law is free to do whatever that she wants to do with it.
If she has made a will (it will be better if it is a Registered Will), giving 70% to younger son and 30% to elder son, it is her wish and nobody can object to it.
Having said this, if the younger son does not want to sell the chawl after the death of his mother, but would like to retain the chawl, then at that particular time, he has to pay the value for 30% of the chawl to his elder brother, and then get a proper registered sale deed from his elder brother. That is all.
The daughters have no right to claim any share from the said property, nor can they object that they have not been given any share in the Will made by their mother.
