Can sole Successor in Wilk sell property with out consent from other heirs.
Can sole Successor in Wilk sell property with out consent from other heirs.
Can the Flat on mother's (if she is no more) name for which son is mentioned as sole successor in a will made by his mother be sold by son with out the consent of his sister and his father ? The will
9 months ago
A. Dear client,
Yes, the person mentioned in the will gets exclusive rights over the property. He need not consult or get the consent of anyone
About Will
My mother in law makes a wheel paint she was well condition before her death but win my mother in law is suffering from the illness she was the sometime unconscious with his illness condition that tim
9 months ago
A. Dear client,
If you can prove that your mother in law was not in the right state of mind mentally when she made the first will, you can contest it in court on grounds of it being signed while mentally incapacitated
daughter claiming property even after taking dowry
sir, my sister married in 2009 with dowry of 20 lakhs and gold when my mother is alive, in 2015 my mother died due to health problems without providing legal person on his property. during that time m
9 months ago
A. Dear client,
The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act 1961 approved by the Parliament of India and subsequently by Sections 304B and 498A of the Indian Penal Code.
Therefore, whatever your sister got during her wedding as "dowry" does not count as part of property.
As a legitimate daughter, she still therefore has a share in your mother's property
Joint property will
My father expired, now all ancestral property is jointly registered with all 3 children and mother, can mother write house to one child and the remaining half empty plot between other 2 children throu
10 months ago
A. Dear Sir,
Mother is entitled for only her share as such at the most she can write a Will bequeathing her share and not more than that.
How can we registered a will after the death of testator and beneficiary
My Grandmother passed away leaving an Unregistered WILL of the property made 7 Year ago duly witness signed fingure and thumb impression in the favor of my Father but my father couldn't get registered
10 months ago
A. Dear Client,
In the absence of original Testetors of Will it cannot be registered by the RA under Registration Act, However, a probate case may be filed on the basis of said unregistered Will executed in f/o your father by your grandmother and subsequently by your father in f/o. your mother in the civil court for an order of probate and your mother being the executor of the Will can file suit for probate of the Will. The executor of the will is required to file a petition and the original will ...ReadMore
Grandmother's Property-Hindu
My maternal grandmother has three children. She died in 2000 without a will of her purchased property. My Mother died in 2013 and maternal grandfather died in 2017. In 2022, my maternal aunt and uncle
10 months ago
A. Dear Client,
In the case of the Self-acquired property of your maternal grandmother which she left intestate, all the surviving legal heirs are entitled to an equal share in the said property. So your maternal aunt and uncle can not sell or transfer the share of your mother to a third party and in the absence of an order of partition of said undivided property, You being a surviving legal of your deceased mother can claim the share of your mother in the said property by filing a civil suit for ...ReadMore
Probate Of 28 Years old Unregistered Will.
1) My father filed a Probate Suit in 2018 on a 28 Years Old Unregistered Will of my Grandfather attested by two witness. 2) One of the witness given his affidavit in favour of Will in Probate Suit.
10 months ago
A. Dear Client,
From the query, it is not clear in the absence of devolution of the title of your grandfather's property to your father through an order passed in a probate case, how your father executed and registered a Will in 2015 in your favor based on the basis of 28-year-old unregistered Will of your grandfather and how he filed a suit for probate in 2018 for the said 28 year old unregistered will of grandfather. Moreover, on the basis of the said registered Will executed by your father in ...ReadMore
Tenancy in entirety
I have read articles on your website about tenancy in entirety, but there is no reference to be found to this in Indian court judgments. Maybe I do not know how to look for it ... but need clarity abo
10 months ago
A. Hello,
As per the informatio you have mentioned hereinbelow i have elaboated what tenancy in entirety is :
Tenancy by the entirety refers to a form of shared property ownership that is reserved only for married couples. A tenancy by the entirety permits spouses to jointly own property as a single legal entity. This means that each spouse has an equal and undivided interest in the property.
In India Umbrella Mfg. Co. v. Bhagabandei Agarwalla, (2004) 3 SCC 178 the Supreme Court of India has held ...ReadMore
My father willed his share of partnership firm in my name
In his partnership deed it was not mentioned that the share can be willed , Is that will will be valid ? can be probated or it will be invalid. It is a registered will .
11 months ago
A. Good afternoon!
As per Section 4 of the Partnership Act, 1932, a partnership is result of an agreement and thus can not be succeeded mere by status of being heir. The heirs or legal representatives of the deceased will have a right of access to and to inspect and copy any of the books of the firm. The liabilities cannot be imposed on the heirs either.
Section 42(C) talks about ‘Dissolution of firm on the death of a partner.’ If there is no contract to the contrary then partnership automatica ...ReadMore
My mother is an invalid - completely bed-ridden
My mother is an invalid - completely bed-ridden - how can her will be registered? Is registration of the will compulsory? What should be the denomination of the stamp paper used for making her will?
11 months ago
A. Dear Sir.
If her mental status is not good and unable to understand then you cannot get Will from her. However, you can get a certificate from medical officer saying she is mentally fit to execute any document. Registration of Will is not compulsory.
