Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

PRAKASH SHAH   26 May 2017

Property

I & my Brother Have Industries in Gujarat.

 

One is proprietor & one is partnership firm.

 

My Brother is expired on February 2017..who is the proprietor in one unit & partner in another unit.

We were both operating & staying together.& are Hindu Vaishnav.

In Ration card there is no name of sisters as they are Married.

Brother was unmarried due to Heart problem & Residence property is also in our two names.first is my name & second is my brother's name.

Now sister is claming one third portion as we have to submit Padhi namu in GIDC..Both are staying separate married with children.

one is 64 & another is 57.

 

can you help me to sort out this problem as I have work hard to establish this unit & now they insist to sale & give them their portion.One third to each.

prakash@pcf.co.in

 

cooperation will be appreciated.

 

 

 



Learning

 29 Replies

PRAKASH SHAH   26 May 2017

prakash@pcf.co.in

Kumar Doab (FIN)     26 May 2017

You mean that the property estate of deceased brother is self acquired/earned.

Confirm!

Kumar Doab (FIN)     26 May 2017

The 1st right is of ClassI legal heirs: Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……………… They shall share equally. 

 

So if mother is alive she shall be the sole heir, since brother was unmarried and did not leave any child (legitimate/illegitimate).

 

Is mother alive?

 

Kumar Doab (FIN)     26 May 2017

If  mother is not alive then ClassII relations shall come into picture.

 

 

Kumar Doab (FIN)     26 May 2017

Obtain death certificate of deceased family members , legal heir certificate of shwing deceased ClassI legal heirs.  

PRAKASH SHAH   26 May 2017

BOTH FATHER & MOTHER EXPIRED,

BROTHEIR IS UNMARRIED.SO NO SON OR WIFE.

PROPERTY IS EARNED BY BOTH BROTHERS.

INDUSTRY IS IN RUNNING CONDITION.

WILL THE QUESTION ARISE  IF I DO NOT WANT TO SALE THE PROPERTY?

IN AGGREMENT OF PROPRIETORSHIP IN SAKSHI I HAVE SIGNED,

WHAT IS CLASS1 & CLASS11.

FROM WHERE TO GET LEGAL HEIR CERTIFICATE/

prakash@pcf.co.ina

Ms.Usha Kapoor (CEO)     27 May 2017

You  get your father'as and brothers share in the  house property  and Business property  along with your sisters as class 1 legal heirs.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 May 2017

Sisters are not having any rights on self acquired property of the brothers. 

Kumar Doab (FIN)     27 May 2017

The query is only on share from Brother property that died as bachelor (Hindu Male that was unwed and had NO legitimate and illegitimate children).

 

The mother (from ClassI relations) has pre deceased your brother?

The father (from ClassII relations) has pre deceased your brother?

Kumar Doab (FIN)     27 May 2017

If ClassI relatives are not present then ClassII relatives come in picture.

The rule:  an heir in an earlier category excludes heirs in later category…. all heirs in one category take simultaneously per capita share.

Kumar Doab (FIN)     27 May 2017

 

If  as on date of death, there were no heirs in Class I relations, and Category I in ClassII relations(Father) the property will given to the heirs within Category II of Class II relations.

 

In your case: Brother(s) and  Sister(s) (from  Category II) shall share equally.

Kumar Doab (FIN)     27 May 2017

 

Obtain death certificate of deceased father, Mother, brother and Legal Heir certificates of father, brother.

The sisters seems to have a share.

Settle the matter amicably.

 

Kumar Doab (FIN)     27 May 2017

It has been believed that deceased owner has not left any valid WILL.

Obtain mutation records from O/o Authority under whose jurisdiction property falls.

 

The procedure/forms in such simple matters of Inheritance ( Intestate Succession) is usuallly available at website of authority and in offcie 

Submit all docs and obtain update mutation records.

 

If you wish you may buy the share from sisters.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register