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Author Topic: Property Inheritance  (Read 887 times)

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Offline AspiringNRI

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Property Inheritance
« on: December 09, 2014, 10:08:47 PM »

Dear experts,

Please advise based on the following situation:


1. Father (expired) & Mother joint owners of flat

2. Father expired without making WILL

3. Legal heirs: Two married sons Ė Son-A & Son-B

4. Son-A living separately

5. Son-B living with mother

6. Both sons have given NOC to the housing society to transfer entire flat in motherís name

7. Society has changed the share certificate in motherís name after receiving NOC from the 2 sons   



Please clarify the following based on the above situation:

1.   Has mother become the legal owner of the entire flat with the NOC received from the 2 sons and the
        NOC has been accepted by the housing society?

2.   Can Son A raise legal objection if mother makes a WILL for the entire flat in favour of Son B?

3.   Can mother sell the flat without the permission of Son A?

4.   What needs to be done for Son-B to become the legal owner of the entire flat when mother is alive?

5.    What needs to be done for Son-B to become the legal owner of the entire flat after motherís death?

Offline advbanani

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Re: Property Inheritance
« Reply #1 on: December 10, 2014, 12:01:57 AM »
The property is now exclusively your mothers.
she does not need anyones permission to sell, gift or will it.

Adv.Banani Mukherjee"
Jodhpur High Court
Accident Claim and Cheating cases

Offline advuma

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Re: Property Inheritance
« Reply #2 on: December 10, 2014, 12:06:25 AM »
Apart from what advbanani said I would like to add here that will is a secret document of the creator.

those having interest in it is not supposed to know its existence forget knowing its content.

than how can you raise an objection to the will.

objection can be raised after the demise of the creator, when the will is to be executed
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

 

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