I am a Hindu male living in West Bengal. My father passed away 2 years ago, leaving me(the son), my mother and my sister. He had bought our house with his own money in 1982 and a flat in Kolkata. Before his death, he had created a will clearly stating that the flat will be inherited by my sister and the house will pass onto my mother. He stated in the will that after my mother passed away, I the son will inherit the house. There is no mention of my sister inheriting any part of the house as she will be given the flat. It was also not mentioned in the will if my mother will have the right to dispose of the flat to anyone.
I have been living in this house since it was bought and am now currently living with my wife and daughters. All these years, I and my wife took care of my parents, paid for my father's cancer treatments and bore all their expenses. My sister convinced my mother recently to move to the flat she inherited in Kolkata. After a month my mother moved to Kolkata, she and my sister have sent us a notice that they will be selling off their shares of the house, although my sister doesn't have any share of the house in the will.
Can they sell off the house to a third party?
A.Since the will clearly mentions that the house will devolve to you after your mother hence there is no question of your sister selling her share of the house. You should respond to her legal notice through a good property lawyer from Kolkata and her know that she has no rights to do anything like that.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can serve a legal notice to your sister stating that she does not have the requisite ownership title to sell shares of the ancestral house. Since your father did not die intestate, the will shall be referred to by the court to solve any disputes.
If you find my answer helpful then kindly rate me.
A.Hi,
Since there was a will drafted in the first place and the properties have been assigned, therefore there is no ambiguity as to who has how many shares in which asset. Your sister cannot sell the property cause she does not have a title over it. You can move the civil judge's court for the same.
If you find my answer helpful then kindly rate me.
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Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
Dear Sir,
Without mutation jointly in the names of legal heirs it cannot be sold. You have to provide all the documents as may be advised by the Advocate of Prospective Purchaser.
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