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:- I had purchased a house in Basaveshwarnagar, which I had bequeathed to my only daughter. The will is registered. Unfortunately my daughter is suffering from serious heart problem and needs hospitalization and surgery. The doctor has informed that the entire process may cost two lakh and some additional amount for post operation treatment. I want to mortgage my house which is willed to my daughter and avail loan. Please advise whether it is possible?

Q:- Mr. and Mrs. Mallappa had made a Will before their demise stating that the property should not be sold to any third party and should be purchased by their children only. Now, I have entered into an agreement with one of the children of Late Shri Mallappa. Whether can I go ahead to purchase a property or withdraw from the agreement?

Q:- I own a property jointly with my sister which is acquired by both of us out of our own funds. I am aged and my sister is taking care of me as my children have abandoned me. Please inform how I can transfer my share in the property to my sister without much expenditure in my lifetime?

Q:- Whether Hindu Widow can alienate property through will to a particular son, which is acquired by her through her husband, out of other sons?

Q:- I am given to understand that my paternal uncle has bequeathed his house in Bangalore to me through a Will. But, my uncle has not confirmed this and the Will which is registered is kept in safe custody by my uncle. Though I have applied for a certified copy of the Will, the registrar refused to provide me a copy. Please inform how can I get a copy?