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murali (SA)     30 September 2019

will deed of inherited property

hello sir my father died without any will. he has a self acquired house. still the house is in my
father name. my father has a wife, son, 3sisters. Iam the eldest daughter. my mother staying with me and my mother want to give her share of the house to me after her death by will deed. what's the procedure to make a will of my mother's share to me. because the house is not in her name. is it necessary for the will to be
registered. please suggest


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 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     30 September 2019

Ji, the property of your father devolves to his wife, 3 daughters and his son i.e. in five shares.  So your mother may execute a Will for her 1/5 th share to you or in any one name as she wishes which comes into effect after her death.  But before that it is better to go for partition deed by all of you and get each share.

murali (SA)     30 September 2019

Thankyou sir for your reply. But sir my other sisters not willing to come for partition deed. is not possible for now to make will of my mother's share even others denied. Please suggest

sunil Rathore   30 September 2019

yes it is possible your mother can make will of her undevided share
after the enfrorcs of will you well be owner of 2/5 undevided share of the property

Shashi Dhara   01 October 2019

File civil suit for partition and take your and mother share then after your mother can gift or write will for you

P. Venu (Advocate)     01 October 2019

Yes, you mother can bequeath or gift her undivided in your favour. However, please note the the mother has the discretion to change her will.


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