My mother and her two daughters, including myself, jointly owned a house. She passed away in January 2016. My father is still living and we have a total of five siblings. We have a handwritten will, signed by both our parents, leaving the house to all of us. Since there’s no dispute among us, we want to know who has the right to sign on behalf of our mother’s share in the property if we decide to sell it.

Apni Law
Apni Law
Law Forum › Category: Property › My mother and her two daughters, including myself, jointly owned a house. She passed away in January 2016. My father is still living and we have a total of five siblings. We have a handwritten will, signed by both our parents, leaving the house to all of us. Since there’s no dispute among us, we want to know who has the right to sign on behalf of our mother’s share in the property if we decide to sell it.
Vote Up
343
Vote Down
Apni Law Staff asked 2 years ago

My mother and her two daughters, including myself, jointly owned a house. She passed away in January 2016. My father is still living and we have a total of five siblings. We have a handwritten will, signed by both our parents, leaving the house to all of us. Since there’s no dispute among us, we want to know who has the right to sign on behalf of our mother’s share in the property if we decide to sell it.

1 Answers
Vote Up
51
Vote Down

Best Answer

Apni Law Staff answered 2 years ago

As per the Indian Succession Act, your mother’s share in the property would have passed on to her legal heirs, which includes you and your siblings. Since the handwritten will leaves the house to all of you, it is valid and you can decide to sell it. Any one of you, being a legal heir and beneficiary of the property, can sign on behalf of your mother’s share to complete the sale.

You Might Also Like

My father has two brothers, and unfortunately, our grandparents passed away without leaving a will. Now, my father’s elder brother is refusing to share the family property with him and is even making threats. Can we file a case against him to get our rightful share? What are the chances of success, and what are the possible consequences?

My sister passed away last year without a will. She was married but had no children. She owned a 2BHK flat, gifted by our mother before her marriage, and a share in our ancestral property. Her husband is now claiming ownership of everything and wants to go to court. I understand that according to the Hindu Succession Act, the source of the property determines the rightful heir. Could you please tell me: 1. Does her husband have any claim to the property and gold? 2. How can I transfer ownership to my mother or myself?

My grandfather divided his property among his children, including my father, but he passed away before signing the official documents. My father is also deceased, and I don’t have any paperwork to prove my inheritance. My aunts are living on the property that was supposed to be my father’s, and the boundaries are clearly defined. Is there a way to claim my share of the property without any documentation? I’m hoping for a helpful solution.

My parents, who lived in a village near Madurai, Tamil Nadu, passed away a few years ago, leaving me, their only son, with their 4-acre farm and home. I’m looking to transfer these properties into my name. Will I have to pay stamp duty for this transfer? Could you please explain the process involved?

My father passed away before 2005, and I’m his only child. My grandparents also passed away before then. The family land, originally in my grandfather’s name, hasn’t been divided yet. My cousins are now trying to divide it. Can they legally claim my father’s share, or do I have the right to it?

Share This Article
Previous Article ## Legal Matters in Family Disputes: An Indian Perspective 1. My father, who has a mandate over my NRI account, issued cheques that bounced. Am I, as the account holder, legally liable? 2. My father issued a cheque that bounced three times due to insufficient funds. He then issued another cheque, taking the first one back, but this one also bounced because he stopped payment. Would this fall under sections 138 or 420 of the Indian Penal Code? 3. After months of issuing cheques, I instructed my bank to cancel the mandate on my NRI account. What legal action can be taken against me? 4. My father, who is accused in a criminal case, has been absconding since the beginning. He is residing abroad and has been issued multiple non-bailable warrants. Can he approach the High Court seeking a stay under section 482 of the CrPC? 5. My father, as A1, issued cheques on my NRE account (A2) in a criminal case under sections 420 and 506 (b). I have been absconding since the case started. Can the judge issue a warrant for my arrest?
Next Article Is a younger brother entitled to a share in his unmarried elder brother’s property, even if the elder brother acquired it solely with his own earnings?

Follow US

Find US on Social Medias
Popular News
- Advertisement -
- Advertisement -
Ad imageAd image

📢 Stay Connected!

Join our community on Telegram and WhatsApp for instant updates, news, and exclusive offers.