Will of a deceased person
2 years ago
In a family, there 3 girl child and 1 boy. When they grew up, the mother is took off by one of her girl child. So that, the mother make a will to give her land to the one who took care off her. When mother passed away , the boy trying to sell the land . Is that right?
A.Need more information on how the land was acquired by the mother then only it will be possible to provide a proper answer on this question. In general if there is a will for a self acquired property the mother can transfer the land that way to one of the child and then probate of the will through the court has to be conducted.
If there is no will then all the children will have equal rights in the property.
If there is no will then all the children will have equal rights in the property.
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A.If, the WILL is made in the name of GIRL CHILD, then the BOY CANNOT sell the land. No, boy trying to sell the land . cannot sell without NOC/ Release Deed from all other sisters.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Until and unless that Will is probated from the competent Court of Law,that Will has no effect and in such case if no probate petition is pending before the Court of Law,then the property will devolve upon four children,each having undivided one fourth share in that property so the boy having only one fourth undivided share in that land can only sale his undivided one fourth share.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
According to your circumstances, if the will has been admitted legally binding and has been recognized by a court of law, the other wards and legal heirs may be denied the right to inherit the property including you. In this circumstance, though, you can try to verify the legality of the will. However, there are high chances that you will not be able to sell the land.
Thank you very much.
According to your circumstances, if the will has been admitted legally binding and has been recognized by a court of law, the other wards and legal heirs may be denied the right to inherit the property including you. In this circumstance, though, you can try to verify the legality of the will. However, there are high chances that you will not be able to sell the land.
Thank you very much.
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A.Hi,
According to your situation if the will is legally enforceable and has been accepted in the court of law then there is a possibility that the other wards and legal heirs may not be allowed to succeed to the property. However, you can try to check the validity of the will in this situation.
Thank you.
According to your situation if the will is legally enforceable and has been accepted in the court of law then there is a possibility that the other wards and legal heirs may not be allowed to succeed to the property. However, you can try to check the validity of the will in this situation.
Thank you.
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Sidhaarth
Responded 2 years ago
A.Details are required to be examined. Son has no right to make a sale in given circumstances.
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A.Dear Sir,
If mother executed Will in favor of daughter then son cannot sell it.
If mother executed Will in favor of daughter then son cannot sell it.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Yadi residential property hai tab hindu succession act ke antargat sabhi ko brabar right milega. Yadi ladka total property ko sale kar raha h to vah glat h vah sirf apne right tak sale kar sakta hai.
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Madhulika Bhatnagar
Responded 2 years ago
A.If the will creates right in the girl who took care of her, the boy cannot claim any rights over the same. However, if the property is ancestral property, the boy can only sell his share of the property.
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