Share of the son in the property if father dies intestate
09-Mar-2023 (In Property Law)
My father died in 1989 without will.l have one married sister. Am I the only rightful owner of the house and can I transfer house in my name without consent of my sister..I have original registry and death certs of my father
No! You are not even owner of the property.
You cannot transfer any part of the property without legally partitioning it.
Having registry and having registry in your name, are two totally different things. The registry you currently have, is in the name of your father, just keeping it will not make you owner of it. And, possessing death certificate of the deceased never confers any right in the property of the deceased.
Now, the property will be equally divided among all the legal heirs of your father. And, after the partition, you will be able to dispose of your share according to your will.
You cannot transfer any part of the property without legally partitioning it.
Having registry and having registry in your name, are two totally different things. The registry you currently have, is in the name of your father, just keeping it will not make you owner of it. And, possessing death certificate of the deceased never confers any right in the property of the deceased.
Now, the property will be equally divided among all the legal heirs of your father. And, after the partition, you will be able to dispose of your share according to your will.
If your mother is alive then after your father's death then your mother will be the sole rightful owner of that house. Further, with the consent of your mother, you can execute the will in your favor wherein your sister will not have any right in that house.
No you alone can not transfer house, in this house If your Grand father, Grand Mother, Mother, Brother/s, sister/s have equal rights .....
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