Being a legal heir, you can always claim your share over the said property. However, since your mother has executed a will and she can give her self-acquired property to anyone she wants, you will have to prove that the will is not a valid one to be able to stake a claim over the property.
I, along with my wife and son, are the owners of a flat, which was bought in February 2018 from the sale of my property. At the time of registration, my wife and son requested that their names be included for the sake of convenience of transfer of this property after my death. Now all of us agree that this property should be given to my married daughter. I would like to know what is the procedure during my lifetime to ensure that there is no hitch later in the transfer of this flat to my daughter. I can write in my will a sentence to this effect, but I do not know what should be done with respect to the shares pertaining to my wife and son. — Hari Shetty
In your lifetime, you, your wife and son can gift the property by making an irrevocable gift deed in favour of your daughter, and get it transferred as well as registered in her name. You can also write a will and bequeath your share in the asset in favour of your daughter. However, in such a scenario, your wife’s and son’s shares cannot be bequeathed by you. Also, the will shall be executed on the death of the testator and not before that.
We are two sisters, who had signed a no-objection certificate 30 years ago to our father’s property as we were not aware of our rights. The property was divided between our brother and mother. After the father’s death, the property came to our mother. She passed away a year ago and, in her will, she gave it to our brother. The only witness to the will is the brother’s wife. Can we claim our share in this property? — Rekha Mahajan
As a legal heir, the daughter can always claim a share in the parent’s property. However, in your case, you have given an NOC. Now, whether the court admits your claim or not will depend on how you decide to invalidate the NOC issued by you earlier.
Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.
(All queries are answered by Raj Lakhotia Founder, Dilsewill)