Woman dying intestate
rsvp
(Querist) 30 October 2012
This query is : Resolved
My mother passed away intestate - a few months later my father passed away too leaving an unregistered will (witnessed) in which property was willed to me. My siblings are asking for their share in relation to my mothers share. The property was acquired by my father's earnings. How can I get the property solely in my name?
V R SHROFF
(Expert) 31 October 2012
Mother's share cannot be denied to ur siblings.
Father's Property will go to u., but not of ur mother who died intestate.
V.Mahadevan
(Expert) 31 October 2012
In the stated facts of the case, the father had willed his self earned property wholly and exclusively to the querist in exercise of his testamentary freedom.
How does the mother or her share in such property come into the picture?
The siblings,in my view, have no case on merits.
mahadevan
M V Gupta
(Expert) 14 November 2012
Mother predeceased the father. Hence the question of her having a share in the property does not arise. Siblings have no legal right to claim any share in the property. This is on the basis that there is no separate property of the mother and the property in question stands solely in the name of the father and not in the joint names of the mother and the father.If the property is in the joint names, then the siblings will have equal rights in her half share along with the querist.
