succession crficate&related issues
AJIT KAWATKAR
(Querist) 10 May 2008
This query is : Resolved
my father died 02 wife 3children no will
nominating his youngest bro.to ownership ppty.neither we nor the nominee(uncle);-has made it clear that he is acting as TRUSTEE he says the ppty actually is joint family ppty but regd in our fathers name for convinience &it has been accepted fact by all jt family including our father in unrecorded family meetings& therefore wants to destribute sell proceeds amoung stake holders to which we dont agree.To this he is asking us to produce probated will if any along with SUCCESSION cr.&claim the ppty.after paying the MAJOR REP-upkeepment-maint etcpaid by him on our behalf.Qdoes he right ii saying onBASIS OF ORALEVIDANCE that ppty is jt fafily one?Q is he rt in asking us to produce will&succ,cr.?Q does he rt.asking for Mrepairs-upkeepment etc charges even we are not occupying ppty but our other UNCLES2(not the TRUSEE)? we are staying in a ppty stands in the hame of one of the UNCLE in ppty belonging to my father.Q whether trusee can sell the ppty withot our concent? pl, advise.
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Manish Singh
(Expert) 10 May 2008
Why are you staying at your uncle's property?
If the properties belong to your father and is self acquired, your uncle has no right over it under intestate succession.
trustees can not sell off the property.Trust is made for the benefit of beneficiaries.
AJIT KAWATKAR
(Querist) 11 May 2008
i cannot answer why we are staying at uncles ppty when my father had one in his name.But you have not replied to my other Q.s. regarding major repairs-upkeepment-maintainance etc. REFUNDspent by uncle- Trustee;Probated will if any;succession certificate. kindly answer.
Manish Singh
(Expert) 12 May 2008
if your uncle has done repairs and all that,he is entitle for compensation on that behalf.
Since there is no will in exixtence, and the property is not ancestral, your uncle can not ask for any will to prove your title on that property.
If there is no will, the question of uccession certificate will not arise.
