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Transfer of property - We are 3 children Transfer of property - We are 3 children

10 months ago

We are 3 children that have up our rights to all property my parents acquired to my mother after my father passed away without will. Can my mother in future give the property to anyone that she wants?

Anik

Responded 10 months ago

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A.Dear client,
Your mother is entitled to an equal part of any self-acquired property that is left by the owner intestate, or without a will, as all other living legal heirs are as well. To receive their individual share of the property, each lawful heir must file a lawsuit for partition of the subject property. Except for herself, your mother is not permitted to transfer the specific share of another legal heir to another heir. If the scenario recurs in the future, consult an advocate for advice and next steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,
When a self acquired property left by the owner intestate i.e, without will, all the surviving legal heirs including your mother are entitiled to equal share of the said intestate property. A suit for partition of the said property is required to get the individual share in the said property by all the legal heirs. Your mother cannot transfer the individual share of other legal heir to any one heir except for herself. If the situationn so arises in future, reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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