Right to make a will in case of joint ownership

Gurdip Singh (Querist) 09 April 2019 This query is : Resolved
My parents were co-owners of a piece of land in West Delhi. My mother died ten years ago
without making a will. Is my father now the owner of the land ? Can he therefore will it to
either me or my sister ? Does he have the right to make a will for the property?

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kavksatyanarayana (Expert) 09 April 2019
Dear singh ji, Your father and mother co-owners of the property. Your mother died intestate. so her share devolved among her legal heirs (husband and children-in your case). so her share will be divided among her heirs. Your father can execute a will or execute a gift deed for his share and also for the share comes from your late mother's.

Dr J C Vashista (Expert) 10 April 2019
Well analysed and advised, I agree and appreciate acumen of expert Mr. Kavksatyanarayana.
Your father has one share along with other LRs of your mother in the property left behind intestate by your mother.
However, if you feel, may contact me (on appointment) at:
Ch. No 647, Dwarka Courts Complex, New Delhi Cell # 9891152939

Sudhir Kumar, Advocate (Expert) 10 April 2019
he can will his share (50% + 1/3 another 50%) to anyone on earth if the property is self acquired.

Sudhir Kumar, Advocate (Expert) 10 April 2019
please be clear if you and your sister are planning a dispute (between both of you) to feed lawyers?

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