Legal Question in Civil Rights Law in India
My father died intestate in July 1997. He left behind four legal heirs viz., my mother, myself and two brothers. He had two immoveable properties in his name, one in New Delhi and the other in Hyderabad. Subsequent to his death, the New Delhi property has been transferred in the name of my mother by virtue of a Relinquishment Deed given by the three brothers in her favour. The property at Hyderabad was registered in the joint names of my late father and my mother, and so she automatically became the owner of the property after my father's demise. Now, I have the following question:
Can my mother Will the Hyderabad property to any one of her sons without obtaining a No Objection Certificate from other legal heirs?
1 Answer from Attorneys
No, as your mother has only 50% share in the Hyderabad property besides your father as both of them were the owners of that property . Your mother cannot will 50% share of her husband to any one but she can will her share of 50 %to any one.All you brothers and mother as legal heirs of your father becomes 1/4th share holder of 50% of his share in that property.
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