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rupesh (student)     02 June 2014

Property matter

dear sir, we are 4 sibblings,(2male and 2 female).my father got a house property from his mother by will, bt the will is not registered.(by enquiry we came to know that the property is still in the name of my grand mother, we just have only partion deed)now my father and mother both are expired in 2002 and 2013 respectively.now my question is,(1) do we have right on that property or not.. (2)the right on the property will have only for me and my brother or my sisters also have a share in that property?Both are married after 1988... thnks in advance



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 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 June 2014

All legal heirs are equal rights since the property is belongs to your grand mother. But you must obtain legal heir certificate from the court. Obtain your father and mother death certificate and product it for legal heir certificate. Then only the property can be transferred on your names.

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     02 June 2014

Mere non registration of a will alone not a reason to invalid the same. As per law, will doesn't require any registration.

 

No doubt, you all the legal heirs of your parents are entitled to get equal shares on your parents property.

T. Kalaiselvan, Advocate (Advocate)     02 June 2014

As rightly opined by learned advocates, the grandmother's property was acquired by you father and was under his possession and enjoyment till his death.  Upon the intestate death of your father, the property will automatically devolve upon all his surviving legal heirs which includes his daughters irrespective of their marital status as on the date of death of your father.  Therefore, as per law, the property can be partitioned equally among all the legal heirs of your father, which can be done amicably too.

harish giri (manager)     04 June 2014

me and my auncle son purchase the DDA property.we are allotte from DDA.after some time canvency deed in both of us name..after that my auncle son relinquishment deed in my name and its is ragisted in ragistrar office in 100rs stamp papers?so its is legal ornot and this transction is valid or not..pls help me

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