Legal Question in Wills and Trusts in India
Inestate Property, Hindu
Hi, My father died without a will in 1990. He owned a Shop & a House (Paghdi). We are 4 sisters. The Shop title had been transferred in my mothers name. However the House (Paghdi) is still in my fathers name. Now, my mother wants that after her death, all sisters should get equal share in shop. But the house will go to me. She does not want to share that house amongst my sisters. She is about to get the House (Paghdi) registered in her name, she is also ready to register that house in my name. Now she wants to make a will so that shop gets distributed amongst 6 sisters and the house to be passed on to me. Seek your opinion whether my mother has the right to make such a will ? can such will be contested later on ? what precautions should my mother take that there are no bitter fueds or legal cases after her death between her children.
4 Answers from Attorneys
Re: Inestate Property, Hindu
I am afraid, she may not be entitled to make such a will; if such a will is made, it may be contested after her death; and may be declared invalid; the property left by your father may be to all his legal heirs.
However, she may make a will of any property she may have earned or possessed which may be her 'exclusive' ownership not inherited from your father.
Re: Inestate Property, Hindu
Opinion both Attorneys is best opinion.
Re: Inestate Property, Hindu
She cannot make a will. If she does it can be contested.
Re: Inestate Property, Hindu
such will can be contested later as your father died intestate i.e. without leaving the will. so as per law, all your sisters along with your mother have equal share in both, the house and the shop. your mother cannot make a will only with regard to her own share after partition.
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