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Heir to property

(Querist) 18 March 2014 This query is : Resolved 
Hi,

The house I reside is in joint names of My Father and My Mother.
I wish to understand...

(1) If my mother writes her will to transfer her movable and immovable property in her son (my) name, who will be the lawful and rightful owner of her share in the property be?

(2) If my mother wishes to transfer her share of the ownership of property in my name will we need approval or signature of the other share owner too?

(3) Based on a will in my favour, who will be the rightful heir of the ornaments, be?

(4) Do you provide legal assistance if required on the basis of above mentioned request?

(5) My father has falsely claimed about harassment and has issued a public notice with a help of a lawyer stating that he disowns me, Will this prove any hindrance in being a rightful heir as per the will of my mother?

Regards,
Sumeet Verma
sumeetverma1978@gmail.com
sumeet.verma@hotmail.co.in
Devajyoti Barman (Expert) 18 March 2014
Your mother can transfer her half share in the house in your name including her all movable assets. For this she need not get consent of anyone.
R.V.RAO (Expert) 18 March 2014
it appears your father and mother jointly own the house property,each of them being owner of half of the property.

so each of them can will / gift / transfer/ dispose as they like only half portion of the property, being joint owners.

As there is no other legal heir to your mother's share of property, other than you (as you are silent on other legal heirs , we assume there are none ),and the property being in your parents joint names, and since your mother writes a will in your favor for her share of property,there is no other problem in transfer of the property in your name.

your father's complaint of harassment has nothing to do with your getting your mother share of property and also since you are any way not claiming your father's share of property.
Rajendra K Goyal (Expert) 19 March 2014
Well advised by the experts, Your mother can gift or will her share in property to you without any consent of any one.

Your father's move to disown you is no hindrance in the matter.
Kumar Doab (Expert) 19 March 2014
Agreed with experts.

In your state WILL may need to be probated.

Your mother can gift by a Gift deed too.
Sumeet Verma (Querist) 19 March 2014
I need someone wo can help me coin a will along with registration or getting it notarised or whatever is legally required.

Please contact me on my email address.
R.V.RAO (Expert) 20 March 2014
LCI HAS EXPERTS ,SOME OF WHOM ARE CONTACTABLE.SELECT ANY ONE AT YOUR PLACE OR NEAR BY YOUR PLACE.SEE EXPERTS FORUM AND CONTACT DETAILS IN LCI.
ajay sethi (Expert) 20 March 2014
you have to contact the experts in your city . the contact details are displayed on this site
T. Kalaiselvan, Advocate (Expert) 20 March 2014
Properly and sufficiently advised by all experts, however, to add, please ensure that your other 4 sisters are not entering into a dispute with you due to your mother's decision of bequeathing her property as well as her jewels only to you and not giving anything to your sisters.


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