Regarding a flat when the owner expired.

Querist : Anonymous (Querist) 20 May 2011 This query is : Resolved
Sir,
My father expired recently without a will. He has two daughters one married and one divorced and one son who is also married. My mother is also there. My mother wants to live in that house which my father has purchased but my brother wants it to be sold and wants to keep mother with him but my mother does not want to go. It is DDA self financed flat at the heart of the city. In this case what is to be done. My mother wants me to stay with her and i have no problems in being a support to her. Please advice.

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R.Ramachandran (Expert) 20 May 2011
Since your father did not leave any WILL, the property will go by way of inheritance EQUALLY amongst all his legal heirs i.e. your mother, son and the two daughters. If the three of you, mother and two daughters are not ready to sell the house, then the only course that will be available to you is to give the money value of his share in the property.

Querist : Anonymous (Querist) 20 May 2011
Thank u so much for the advice. My mother wants to stay in that til she lives and she says i will make a will in which i will write it should be equally divided amongst all the three and will register the same. Can this be possible.

R.Ramachandran (Expert) 20 May 2011
Currently, your mother is only 1/4th owner of the property. The others i.e. 2 daughters and 1 son own 1/4th each. Therefore, your mother saying that she will write a WILL has no meaning. At best, she can write a WILL only in regard to her 1/4th share and not the entire house - since the entire house does not belong to her now.
Whether your mother's proposal is OK or not - only your brother can tell. Who are we?

bhagwat patil (Expert) 20 May 2011
Your brother cannot sale the flat as there is undivided share of all you three sisters and your mother.apart from legal status convince your brother to respect mothers wish.If all of you three along with your mother sign the sale deed your mothers position will be pitiful in last span of life.

Advocate. Arunagiri (Expert) 20 May 2011
You mother can not write a will. After her life period, all other other members can equally share the property.

M/s. Y-not legal services (Expert) 22 May 2011
As am agree with mr.ramachandran's view..

Querist : Anonymous (Querist) 23 May 2011
Thank u so much for the expert guidance. In this case what is to be done? Kindly advice. Do we need to make succession certificate and can sell this property. In a rough draft my father wrote that till my mother lives she should live in that and after her demise all the three legal heirs can distribute them. The will is not been signed by any witness. It is just his feelings. i want to respect his sentiments but rest of the legal heirs are little different regarding this.

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