Legal Question in Wills and Trusts in India

I have lost my father some years ago. He did not make any will of his property(on the name of property only house) , my mother is alive and she is now 78 years old can she make a will on whole property ? Will she be the owner of whole property after the death of my father. We are two sons of my parents. My younger brother wants maximam part from the property.Can my mother has right to reasonable dividation of whole property between us by making a will.


Asked on 9/08/10, 4:04 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

the property has to be divided in three equal shares. one for mother, one for you and one for younger brother. once divided 1/3 each, mother may give her 1/3rd share to one son or distribute between both sons. it is up to mother. but she cannot distribute more than her 1/3rd

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Answered on 9/08/10, 6:33 am


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