One of the legal heirs missing. Want to make will.
3 years ago
My mother wants to make a will. The flat in which she lives belonged jointly to my mum and dad who died two years ago without a will. She was nominated by him. She wants to will the flat to my son. We are two brothers and myself, the sister. One of my brothers is estranged and in the US. We have not heard from him in 8 years not is he responding to phone calls or emails. My other brother is willing to release his right to the flat. We want to know how we can proceed with her desire to will the flat to my son. Can we declare the estranged brother as civil deceased? If so, how?
A.you have to take advise in person with local lawyer as it is little complicated matter.
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Sidhaarth
Responded 3 years ago
A.Nomination does not confer ownership. The portion of your father is inherited by your mother, and all your brother and yourself. You mother can make WILL in respect of her portion only. For detailed consultation contact with details.
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Abhijit Banerjee
Responded 3 years ago
A.No you can not declare the estranged brother as civil deceased. As because to declare a person Civil Death you need to place some documents before court to file that declaration case. primary and most important document is Complain before Police Authority(Missing Diary) along with news paper publication. These documents must have to be prepared 07 years before.
Now in terms of this situation there is no other alternative left by which you can deny the status of that brother of you. Your mother, you and your all other brother sister may jointly transfer each legitimate share to your son or you all may execute will in favour of your son in respect of your legitimate share. But the share of your brother who is not in India remain as it is.
Now in terms of this situation there is no other alternative left by which you can deny the status of that brother of you. Your mother, you and your all other brother sister may jointly transfer each legitimate share to your son or you all may execute will in favour of your son in respect of your legitimate share. But the share of your brother who is not in India remain as it is.
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