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Dispute between siblings for family house


24-Jul-2023 (In Family Law)
3 houses. 1st on is our parental home in our village. 2nd. home is in the name of my brother. 3rd. Home is in the name of my mother. 2nd and 3rd home are in cities. My father died few years back. But in his presence he made a "WILL" with his wife(my mother) that the 3rd home will be transferred to my another son. As of now, my brother is acclaiming that he is also the half owner of 3rd home as it is in our mother's name but just because our father died and the home is in mother's name, he is claiming so. I just have the "WILL" with me which was made in the presence on my father. My mother also doesn't want to right the house in either of the son's name. But my brother is trying to be the half owner of this house. What if she writes the house in his name? What can i do now?
Answers (3)

Answer #1
727 votes
Hello
The first house is not in dispute. It is a parental property and hence would be divided amongst your siblings and mother. The 2nd house is in your bros name. The third house is in the name of your mother. Therefore only your mother can give it to anybody. If she has written a will then she can change it if she wants. But if she wriges the property in his favour under pressure...you CAN challenge it in the court as it was written nunder pressure.
Regards
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Answer #2
542 votes
Dear sir,ypur first parental home u all will take share,second is on the name of your brother s u all have no share in this.
Third one is on the name of your mother ,your father can not make any will & have no any legal value.so your mother is owner,she can take any decision on this.
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Answer #3
997 votes
Dear Client,

As per my understanding of your query.
The real owner of the disputed 3rd house is your mother.
Your father died after writing a WILL for the abovementioned house of which he is not the real owner.
Even if he writes a WILL, of which your father is not the owner, it is of no value.
Your mother can transfer the property or writes a WILL to whomsoever she wants, you have no right to oppose her wish and WILL, unless it is an ancestral property.

If you need any other advise into the matter, feel free to contact.

Regards,
Tushar Bahadur,
(Advocate),
High Court Lucknow.
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