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My mother expired recently. My father had expired long ago.  My mother has left behind her property worth Rs.60 lakhs.  It is herself acquired property.  She has not made any will.  We are four brothers and two sisters, in all six.  One  brother and a sister died subsequent to the death of our mother.  The deceased brother and sister have one son each.  Since all are settled independently, we want to sell the property.  Please guide us who should join the execution of the sale deed?

- by Radha, Bangalore

Your father had predeceased your mother.  One sister and one brother have died subsequent to your mother’s death all the children of your mother, four sons and two daughters have equal share in the property of your mother.   Each is entitled to 1/6 of the share. Since one brother and one sister have also expired their share will pass on their children.

All the legal heirs, the surviving three brothers, one sister, sons of deceased brother and sister should join in the execution and admission of sale deed.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- We are three brothers and two sisters. My elder sister was married on 3.8.1989, and has one son.  Another sister was married on 5.11.1995, and has no issues. We three brothers are living together as joint family in an ancestral house and have inherited ancestral property of our grandfather. Our parents have expired. Now my sisters are demanding shares in ancestral property including the house and have threatened to file a partition suit.  As we would like to settle the issue amicably, please advise us.

Q:- I have read that “in the absence of any family member not residing with the tenant all the heirs will be entitled to the tenancy right”. “ I have two married daughters residing in Navi Mumbai and I am at the Central suburb, how can I ensure that the tenancy rights of my daughters will be safeguarded and after my death the tenancy can be transferred in their names according to my will ?

Q:- If the property owner dies, what is the procedure to be followed for transferring the property to his legal heirs.

Q:- I am an Orphan and brought up by my distant relative. Out of natural lone and affection, my distant relative wants to give some immovable properties to me by will which he wants to keep secret.  Please clarify whether will requires to be witnessed or I and my relative could sign as witnesses.

Q:-
My friend has immovable properties in States of Karnataka, Andhra Pradesh and Madhya Pradesh.  He has made a WILL in respect of these properties and wants to get it registered. Please clarify:
(a) As to the state in which will is to be registered.
(b) Can any member of the public or legal heirs of my friend obtain certified copies of the will?