Will
Querist :
Anonymous
(Querist) 15 September 2011
This query is : Resolved
My unmarried sister died leaving her property to my wife. The property is registered jointly in the name of my mother who died long ago & in my sister's name.Now my elder brother says that the property is ancestral & my sister who died cannot make a will and the property is to be shared equally between us. Is this true ?
M/s. Y-not legal services
(Expert) 16 September 2011
You have to clear that how your brother saying that subject property is ancestral property? And you clear that, how your mother and sister got that property? Why its stands in the name of your deceased sister and mother?
R.Ramachandran
(Expert) 16 September 2011
Since the property was in the joint name of your mother and your sister, upon the death of your mother (she does not appear to have left any WILL), her portion (share) will go by way of inheritance equally amongst all her legal heirs. If at all your sister could have given in will only her share (which is 50% + whatever share that she gets by way of inheritance from her mother's share) in favour of your wife and certainly not the entire property.
Your brother (and other legal heirs, if any) is entitled to his share left behind by your mother.
Advocate Rajkumarlaxman
(Expert) 16 September 2011
I agree with our expert R Ramchandran. sister can make will to the extent of her share in the property.
prabhakar singh
(Expert) 16 September 2011
As the property was jointly owned by your mother and sister and if your mother died without making a WILL ,your mother's half share equally devolved upon your brother,you and your sister,(if your father was not alive,as he also had right to share equally with you all).
Hence even if your sister has given her share in the property to gather with share inherited by her from mother in your wife's name[the mode of giving untold by you]still your brother,you,and your wife have to share equally the halfshare of your mother in the property.
Guest
(Expert) 16 September 2011
Agree with expert advice by Shri ramachandran.
Shastri J.K.
(Expert) 16 September 2011
I agree with expert advice by Shri ramachandran.
Querist :
Anonymous
(Querist) 17 September 2011
Thanks for the advice.Do my brother's children - one married son & one married daughter also have separate right to the property in addition to my brother's right ?We plan to make builders flats.Do we have to give them 3 flats ? One to my brother & 2 flats to his children also? Please clarify.
R.Ramachandran
(Expert) 17 September 2011
No. Only your brother is entitled to his share as a legal heir and not his children.
Chanchal Nag Chowdhury
(Expert) 18 September 2011
A female has absolute right over her property. So, if she has chosen to give it to your wife,she inherits to the exclusion of others.
