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How is division of house property made after a persons death
16-Feb-2023 (In Property Law)
I have a house (joint property) in the name of me & my mother. I also have a real sister. This house is occupied by my mother presently who is co-owner. My Mom has still not made will of her share of property. 1. If she passes away without making will then how will her 50% property share gets distributed. 2. If I keep a tenant after her death then who has the right on rental income. (again if will is not made)
You can only claim you rights after partition by Court of Law.Before that you can not.For carring out use of property after death without interference of Court then enter into oral family settlement.Then get your share registered.
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Adv. Amit Gaurav
Delhi | 200+ Answers
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In your situation if the mother does not make a will then her share of the property will be divided into two halves. In which your sister and you would have equal share and rights. But if you want the property in your name then you must inform the same to your mother. If, the sister is married then ask her to sign a relinquishment deed and get it executed. Then, you would have all the right to yourself in the property. For details do consult.
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Adv. Ramaditya Tiwari
Delhi | 100+ Answers
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