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Property right of Son without will
25-Aug-2024 (In Wills / Trusts Law)
My wife is separated from me & my son(age=9) also live with her. I stay with my mother & my mother have two property on her name. I have a married sister also, living with her husband & a child. Though I would want my mother to live longer, but
Will I be able to sell the property without my Son & wife involvement after her? or
Will my son can claim any rights on those property if there is no will?
Your son will have the vestedright, its best to get it transferred while she is alive to avoid confusion. Your wife though not directly but through your son can seek his share as he is a minor.
In such situations its best to resort to a Gift Deed. I always suggest my clients that Will although valid can still cause unnecessary issues if someone challenges it.
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Adv. Kunal Sinha
Delhi | 200+ Answers
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Yes you can sell those properties if you inherit that from Your mother through some Legal document Instruments duly registered. Would be prudent if you seek a detailed legal Consultation from an Advocate having expertise.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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certainly you will be able to sell without any hindrance from your son and wife but your sister shall get interest in the property if there is no will in your favour. so I will suggest you to. be protective and we can certainly assist you in this
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Adv. Deepanshu Garg
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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