Division of property where mother is absolute owner
2 years ago
My mother is the absolute owner of a property in which there are three legal heirs. Myself, my brother and my sister. My mother wants to divide the property into two equal shares in favour of me and my brother and herself as co-owner in both properties. My sister is ready to make a relinquishment deed. I have two questions:
(1) What should be done so that after my mother's death I get the property in which she is the co-owner with me?
(2) What if I die before my mother so that my wife and children get the whole property?
Sachin Pawar
Responded 2 years ago
A.Mother is absulat owner so there is no question of property divided between ur brother and sister it's your mother's will how to distribute however if your mother decided property and she also kept property her self if you wish your mother property become your after her death then make will deed in your name at registar office also you want property become your children and wife if you die then make will deed name of your wife and children which property belonging to your mother and you
Helpful
Helpful
Share
A.Hi,
It could only be done, that your mother execute a will in your favor stating that:
a. Upon her demise, the share in the property in which she is the co-owner with you passes on to you.
b. Upon your demise before her, in that case, after your mother's demise, the property would pass on to your legal heirs.
If you like my answer, please rate me.
It could only be done, that your mother execute a will in your favor stating that:
a. Upon her demise, the share in the property in which she is the co-owner with you passes on to you.
b. Upon your demise before her, in that case, after your mother's demise, the property would pass on to your legal heirs.
If you like my answer, please rate me.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
1. Your mother will have to make a will in favor of you that in case of her demise, the share of property in which she is the co-owner with you is passed on to you.
2. Similarly, she has to state that in her will that if you predeceased your mother, then the property held by her as a co-owner with you shall pass on to your legal heirs.
If you like my answer, please rate me.
1. Your mother will have to make a will in favor of you that in case of her demise, the share of property in which she is the co-owner with you is passed on to you.
2. Similarly, she has to state that in her will that if you predeceased your mother, then the property held by her as a co-owner with you shall pass on to your legal heirs.
If you like my answer, please rate me.
Helpful
Helpful
Share
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Hope that the property will be divided through registered Deed of Partition.After that:-
1)You have to make request to your mother to make a Will in your favour in respect of her share in that portion of the property where you are his co-owner.
2)In that Will bequeathing in your favour her share in that portion of the property where you are his co-owner,your mother shall have to keep a clause that if you predecease her then such share of mother will devolve upon your wife and children so that after probate your wife and children become the absolute owners.
1)You have to make request to your mother to make a Will in your favour in respect of her share in that portion of the property where you are his co-owner.
2)In that Will bequeathing in your favour her share in that portion of the property where you are his co-owner,your mother shall have to keep a clause that if you predecease her then such share of mother will devolve upon your wife and children so that after probate your wife and children become the absolute owners.
Helpful
Helpful
Share
Sidhaarth
Responded 2 years ago
A.1. Your mother being co-owner of property shall be deemed to be owner of half portion of property so on her death her half portion shall be inherited by her legal heir and property shall accordingly be subject to division. The relinguishment as on date by sister shall be of no use.
2. Like wise if you predeceased your mother then half portion of property shall be inherited by your legal heir who are your wife and children and also your mother.
2. Like wise if you predeceased your mother then half portion of property shall be inherited by your legal heir who are your wife and children and also your mother.
Helpful
Helpful
Share
Read Related Answers
Property - Our share of property
Dear Client,
A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. In ca...
Confiscated phone
Dear Client,
If a school is generally follows the CBSC rules strictly in all aspects then it might not be possible to recover your device back. Talk to the management authority and write a handwritten...
My mother and my wife needs safety for a PLOT
Dear Client,
Your mother can transfer the property to you by executing a gift deed in your favor. In that way, there will be no apprehension of losing the title over the property or anyone else claimi...
Custodian Land
Dear Client,
We would require more details on the matter to precisely answer your query. However, you can get the lease of the custodian land for industrial purposes depending upon the type of area, S...
Property dispute
Dear Client,
According to the law of inheritance, property that is undivided for at least four generations constitutes an ancestral property and the coparceners have an equal share in it. In case of a...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
