Uds in individual house

Does the will have mention of only the floors of the property ? The will is required to be studied.

If it does not mention who the land goes to then it may have to be decided as per the succession laws and all legal heirs will have a share in the land.

S Jadhav

Thank you very much Sir for the reply.  The will does not state anything about the land.

1. My mother was born in 1953 so I think daugthers do not have rights in father's property. Please let me know if this is correct. The property is in karnataka.

2. However, i want to know if we can file a case, that even though the Will does not state about undivided share, it is in spirit meaning that the land needs to be shared as undivided share.

You are in a peculiar situation, especially  if there is no residual clause in the will.

Yes you are correct to assume that since your mother has been given the first floor she may have a proportional share in the land. But since this is not expressly mentioned in the will, it is better to get the consent of all the heirs that they agree with this you may get a relaease deed executed by all the heirs ( the stamp duty for the same is just Rs. 200/- in your case.

If there is a disagreement between the heirs then you have to go to the Court to settle the issue and the Court will give its order based on the content of the will and other facts which we can discuss but not in a public forum.

S Jadhav

Thank you for your response.  But sir as per hindu succession act 2005, my mother is eligible for the land right.  Because the Will does not talk about the land. So as per succession act both children will get equal proportion right??

Maheshji, even if you are right you will still require it be proved by going to court or getting the consent of others involved in the property.

So the best way to know whether you are right is to get the registration doen of the release deed or get a Court order. That will remove all the doubts whether part of the property belongs to your other too.

S Jadhav