Division of inherited property

As I understand your grandfather had died without making any will , and his eldest son is living in that property and now wants to transfer the property in his name by the support of his two sister and ignoring your father , i suggest you in your case no body can claim as owner of the property the procedure is that all the four members including your father have to get legal heir certificate and then transfer their share in their name if your bua wants to give their share to her elder brother then they can transfer their share in favour of their elder brother by making release deed , the whole property will divide into 4 parts and each member is entitled for 1/4 share , if you find any irregularities can be happened then take help of a lawyer.

joshi sir gives you valuable suggestion...

Mr Joshi:

 

In my husband's case, he was staying with his aunt who has a flat in Mumbai. He looked after her till she died last year. Earlier his aunt had written her eldest daughters name in the share certificate. However, two years back she wrote a will and nominated all her 6 children including my husband who is her nephewhas the legal heir to the flat. Now my husbands 6 cousins are trying to transfer the flat amongst them including my husband as well. They have prepared a documents which is Appendix 18,under the bye law no.34,, appendix 17 under bye law 35 which is an application for membership by the heirs to the society, then there is a common form no.4 which is under bye laws 19 iv, form number 26 and  under bye laws 19 vii,20 iv and 40(d)(ix) and finally and affidavit cum declaration wherein the previous nominated sibling is stating that she has no objection to transfer the shares amongst the balance siblings including my husband. I wish to know is the documents mentioned above sufficient to protect my husbands share? Are there anyother documents required?

One of my lawyer friend was talking about form 14 and 16. What is this required for? Also I wish to know how does the legal heir protect their share and ensure their family gets it in case of an untimely death of one of the legal heirs?

 

Please guide.

 

Regards,

 

Lin

 

 

Hello Mr.Joshi,

I was willed a piece of land by my late father. My late father had acquired the land. I have 2 sons, one of whowm is married but has no children yet. I plan to sell the land now. Can the proceeds be deemed to have come out of ancestral property?

Regards,