Question And Answer
Subject: Legal, will
Answered by:
Tags: , , ,
Date: May 16, 2023
Query asked by RUTUJA SHELAR


Dear Sir /Madam ,

pl advise  on below note:

Elder son looking after the family for 20 years and in this duration he buy the property in the name of  Mother .Now  78 years old mother willed the property in the name of Younger brother is there any hope the edler son claim his right

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Answer given by

: It is advisable that the will of the Mother be properly attested and get it registered . Let mother also give nomination in favour of the younger brother . One has to verify whether the elder son is showing the income from house property in his name or if mother is filing her income tax return , is she showing the income from house property in her name . Whether the name of elder son is also in the registered deed or it is only in the name of the mother . If the registered document is in the name of mother the presumption is she is the owner and she can will the property . One has to study the facts , properly . It may be desirable to consult the tax consultant with all the facts .

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