Property - My father self acquired property Property - My father self acquired property

11 months ago

My father self acquired property transferred on her name now she has executed will in this case she is competent to execute the will or the property considered as ancestral

Please advise

Legal Counsel Vidhikarya

Responded 11 months ago

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A.Dear Client,

In case of self-acquired property, an owner can transfer the title of the property to anybody who got the absolute right to dispose of the property as he or she wishes.
But in case the self-acquired property left by the deceased owner is intestate, then the surviving legal heirs got an equal share of the property.

Now you have to find out whether the transfer of self-acquired property is made by the owner himself when he is alive or it is transferred after his demise through a Will.
However, in both the case you are not entitled to claim your share until and unless the property is declared intestate.
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Anonymous

Replied 11 months ago

Dear Sir / Madam,

Thank you for your response, this is intestate property after the deceased father the property got transferred to Mother with NOC from Son and Daughter.
Without knowing Son mother made a registered will and gave all the rights to her Daughter and she transferred the property in her name also without any information Son and his family.

What should I do in this case.

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Legal Counsel Vidhikarya

Replied 11 months ago

Your mother can't transfer your share in an intestate property without your consent even through a will which is void ab initio.
Reach out to an Advocate for guidance and steps to get back your share in the property.

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