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Right of children on parent's property.


20-Aug-2023 (In Property Law)
My parents have made individual wills though unregistered. There is a mention of the two brothers that is me and my younger brother, but nowhere in the will it says anything about inheritance. Both the wills state that in case of demise of one partner the entire property gets transferred to the other life partner. Brother wants a larger share in the property. It is a possibility that he and my mother might join hands and refuse to give me my share after my fathers death. My questions are as follows 1. What happens in case of death of my father? Do I have a legal right over all their properties? 2. Apart from immovable property do I have a right over their mutual funds/shares? And how do I stop them (younger brother & mother) from selling it without my knowledge. 3. How do we settle those properties which are in joint name of both my parents? 4. How do I ensure that no property / stocks are not sold without my NOC by mother & brother
Answers (1)

Answer #1
944 votes
Answer to your questions are below:
1) in case of death of your father the property shall be divided as per the will written by your father in case of no will then distributed among the legal heirs.
2) you will have to again review the will in case of no will then as per Hindu Succession Act it would get divided among the legal heirs.
3) you will have file a probate case
4) if you have a share in the stock/ property the sale would be invalid without your consent

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