Mahesh (programmer) 19 August 2011

Who gets the property?

Hi,

My mother expired early this year (with no will) and we obtained legal heir certificate from tahsildar office) for bank related activities - account closing and transfer of bank locker etc.. The legal heir lists my father and all slibings (4 of them). Now, does this mean that when my father sells the property (power has been given to him by all 4 of us), he must share the property/property sale amount amoung 4 of us? Is there a way, we can stop that from happening?

FYI.. my father gave settlement to my mother about 30 years back, when he got this property. All government bills like EB, Water, Sewage etc., are still in my father's name. The only thing that exists is the settlement deed signed by father to my mother about 30 years back. Doesn't the property comes back to my father after my mother demise automatically - as he gave the settlement to my mom and my mom is no more?

thanks

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4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 19 August 2011

After death of your mother, the property vests in favour of all siblings including your father in equl share and not excllusively in favour of your father. setter do not get special status.

You all can cancel your POA given in favour of your father can obtain a stay order from civil court not to dispose off those properties.

Mahesh (programmer) 19 August 2011

Thank you very much for your reply Raj Kumar.

The intention here is to get back the property to my father and let him decide how he wants it to be shared amoung the siblings. For now, I want my father to have the hold on when he can dispose it - not simply from siblings pressure the property should be disposed. Is there a way my father gets the hold back? Just because the sliblings are in the legal heir doesn't mean that the siblings got the property ownership yet - am I right? My father can put a stay on legal heir certificate and claim that the property belongs to him - he just gave settlement to his wife and since his wife passed away, the settlement should get invalidated and the property should come back to him. Is this a valid argument/say?

Shastri J.K. (Practice in The High Court of Chhattisgarh) 19 August 2011

I agree with mr.Raj kumar makkad.

K. GOPALAKRISHNAN (ADVOCATE) 19 August 2011

Hi Mahesh,

When a woman dying intestate leaving an estate. Three things must be seen:

1. Whether it is self- acquired property?

2. Whether it is gifted by the parents to the woman?

3. Whether it is gifted by the husband of the woman?

In case of (1), the property of properties acquired by a woman, then the properties would devolve upon on her legal heirs viz., children and husband is coming under the Class-II legal heir

In case of (2), the property would devolve upon on her legal heirs viz., children and in the absence of the children, it would develop upon the parents of the deceased woman and it will not devolve upon the husband even in his presence.

In case of (3), the property would develop upon the husband and well the children and this is your scenario

You said that there are 5 members including your father. You said that all the children had given a power of attorney to your father for disposing the property.

As stated by Mr. Rajkumar Makkad, first of all, you must cancel and revoked the power of attorney given to your father immediately and to get stay from the appropriate court.