Eldho Joy (Technical) 15 December 2017
Dear Forum Members
My family property was (Aadharam) was registered in the name of my parents in 1995.My mother expired 7 years ago.We are two children.My father is also aged.So far no property division has been done legally.If something unexpeted happens to my father,what can happen to the property?.Will it naturally come to the succeors?Or should I go ahead with legal partition right now as the father is now alive?Please advise.
Joy
Kumar Doab (FIN) 15 December 2017
It is believed that all involved are Hindu and Hindu Succession laws/rules shall apply in this case.
Confirm!
The nature of property that devolves by inheritance, WILL, partition is; self acquired.
In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.
In case of Hindu woman the nature and source of property matters.
In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..
If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.
If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.
Kumar Doab (FIN) 15 December 2017
The process and procedure to get share updated in mutation records is simple.
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
The authority shall update share as per provisions of personal law that applies in mutation records.
By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner. The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.
Member Strength 9,47,579 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
