AboutJaved Razack Expertise If you have any question on Indian Laws concerning Civil disputes on property, recovery or any other contractual obligation, Criminal disputes on Indian Penal Code, Negotiable Instruments Act, Company matters, Income Tax, Arbitration, Family and matrimonial issues, please ask me.
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Question My father died without a will, and all of us 4 brothers signed on documents to assist all his self earned property to be transferred in my mother's name. My question now is, does she have the right to transfer this property as per her choice? or is the property will be divided in equal parts amongst 4 brothers?
Answer Dear Bashambu,
The law of inheritance will come into play after the death of the wife of the deceased husband. Since all the sons have given in writing that the property be transferred in the name of your mother, it now belongs to her. After the death of the husband, the entire property has devolved into wife in view of the transfer consent. If there are claims from the sons and daughters during the life time of the deceased, the property can be termed as encumbered and not clear until the courts decided the fate of the properties.
The property in principle will devolve into equal shares among all the heirs of the deceased including the wife and after the wife, it will pass to the sons in equal shares.
I hope this suffice your present query,
Thanks
Javed Razack
