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Property inheritance with family and dispute


08-Sep-2023 (In Property Law)
My home jointly owned by my father and mother but after mother's death? My father want make will and give entire home to my brother? Is it possible ?
Answers (2)

Answer #1
865 votes
This is my response to you:
1. No, your mother's share will be equally divided between you, your brother and father;
2. You will have to make a release deed;
3. Register the same;
4. And also obtain letters of administration;
5. Consult a local lawyer and take steps.
Answer #2
700 votes
As you said that the said property is jointly owned by your father and mother, your father cannot transfer the said property by making his will to your brother's name because your father has only Limited right over the said property. The 50% undivided right in the said property will devolve on the legal Heirs of the deceased as per the personal law applicable to the disease.

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