Residential property help
hrishikesh
(Querist) 13 June 2012
This query is : Resolved
My Father purchased a property in 1955. He has 3 sons and 2 daughters.
My father died in the year 1991.
My mother made a Will in 1992 and I am the executor of the will whereby only the sons are Legal heir to the property.
My mother died in the year 2004.
So now all the sons wants to sell of that particular property.
Do legally the daughter does still have a stake in the property?
Adv.R.P.Chugh
(Expert) 13 June 2012
Incomplete query.
1. Was the property held in name of your father ? He left no will ?
2. If yes to the above questions then property became vested to mother/children to the tune of 1/6th each. Mother could not have made a will over and above her 1/6th.
3. As per the above daughter still has share in the property.
4. If the property was held in name of mother (though purchased by father) the daughters can be ousted through the will, to push will into effect get a probate.
K.K.Ganguly
(Expert) 14 June 2012
If the property was purchased in the name of your father then your mother's will is void at law since she owned only one sixth of the property, not the entire property. So, she can not transfer the part of the property which she did now own. The property will be owned by all the co-sharers including your mother, in equal proportion.
Shonee Kapoor
(Expert) 15 June 2012
what is the status of property. In whose name does it vest right now.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
hrishikesh
(Querist) 17 August 2013
My father has left a will in the name of my mother?
K.K.Ganguly
(Expert) 17 August 2013
If your father has left a Will in favour of your mother, then your mother's Will is valid & as per her said Will her daughters will have no claim on her said Willed property.
