logo logo

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.


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


Q:- My father had inherited some ancestral properties from his father.  He has sold one such immovable property when I was minor and utilized the sale proceeds for his visit to USA.  The said sale was done when I was five years old.  Now I have competed 18 years on 15.6.2008. I am the only son to my father.  I want to assert my claim over this ancestral property.  Please advise me suitably.

Q:- I have a self-acquired property. By a Will I bequeathed the property to my son and registered the Will. Thereafter, I changed my mind and bequeathed the property to my daughter through another Will, which is not registered. Is this valid?

Q:- My husband died leaving behind him, my child and me. I depend on the income from my husband’s property. Now, my mother-in-law is asking for a share in the property. She has other income. Is she entitled to a share in my husband's property?

Q:- We are three brothers and we have inherited the ancestral property situated in Chamrajpet, Bangalore. The original property was owned by my grandfather, which was, partitioned between his two sons, one being my father. The Partition Deed is registered. On the death of my father we three broth¬ers, orally partitioned the parti¬tion. The portion deed is not in writing and not registered. But all the three have separate khatas and properties are assessed separately. Is it necessary to have the Partition Deed registered? We three broth¬ers are in good terms with each other.

Q:- I have converted from Hinduism to Christianity. Will change of religion affect my succession to the property of my Hindu parents?