Property-My father executed a will in 2001, which says 1 flat each to this 3 kids. 1 son & 2 daughters
2 years ago
My father executed a will in 2001, which says 1 flat each to this 3 kids. 1 son & 2 daughters. Son was given the flat as soon as the will was executed & he sold it & left the place. There is a clause in the will saying that the daughters will be given only after their demise of the parents. So that's not the problem. Now my father is no more & my elder sis who was divorced without issues is also no more. Parents never expect that children will die before them. Now my mother wants a katha of the flat which was in my father's name to be made in her name, for which my bro is objecting. We applied for katha transfer, But the ARO is wanting an affidavit to be signed by the both the children for which bro is not obliging. He says he wants the flat for himself. So he does not want to sign the affidavit. But the will says after my father the property will be enjoyed by my mother as long as she is there.Right now my mother is in my flat & has rented out the other & living from the rent out of it. My bro was given the biggest flat area wise , for which we sisters had no objection. Now the flat which belonged to my sis according to the will , but the katha is still in my father's name , for which my mom wants it to be transferred to her name. EC is in my sis name. So how do we go about this.
Please please do advice.
A.Dear Sir,
Your problem will be resolved if you discuss the matter in person.
the will mention your mother's ownership after his death only in the case of 2 daughters. So, the property given to the son is valid legally for his part but for the sister's part, it is not. You need to specify the year to find you if you can file a suit against the brother as it seems that the period of limitation has passed.
Thank you