P K GHOSH
20 August 2009 at 17:38
MY FATHER DIED WITHOUT EXECUTING A WILL, AND THE INHERITORS AS PER HINDU SUCCESSION ACT CONSISTS OF MY 2 BROTHERS, TWO SISTERS AND MOTHER BESIDES ME.
MY BROTHERS AND ME HAVE DECIDED ON AN AMICABLE BASIS OF SHARING THE INHERITANCE WHEREBY MYSELF AND MY NEXT BROTHER WILL TAKE ONE FLOOR EACH OF THE TWO STOREYED HOUSE THAT OUR FATHER BUILT, WHILE FOR THE YOUNGER BROTHER ALL THREE OF US WILL CONTRIBUTE EQUALLY TO MAKE A THRID STOREY FOR HIM OF SAME SIZE AND SHAPE AS THE OTHER TWO STOREYS.
MY SISTERS HAVE DECLARED THEY HAVE NO INTEREST IN FATHER'S PROPERTY.
HOW DO WE REGULARISE THIS ARRANGEMENT FROM A LEGLA POINT OF VIEW SO THAT IN FUTURE THERE ARE NO COMPLICATIONS FROM ANY SIDE?
WILL BE OBLIGED TO HAVE YOUR EXPERT VIEWS.
REGARDS
P K GHOSH
Email: pronoy.ghosh@gmail.com
Mobile 91780 53511
Hardeep Singh
20 August 2009 at 17:26
Sir,my wife's family has ancestral property. Her grandfather's father made a direct will in favour of her father instead of her grandfather. Her father made a will in favour of his only son (my wife's brother). Now her father is passed away and all property is transferred to her brother's name. After the death of my father-in-law in Dec 2008, now situation is changed. Can my wife get a share from her ancestral property at this stage even after her father's will in favour of her brother?
It is also intimated that her consent was not taken by any body at the time of transferring of property to her brother's name after the death of her father in Dec 2008.
Rachna kapoor
20 August 2009 at 14:15
I thanks all the experts for their Opinion,
Perhaps I was not able to give clear picture . So I am writing in more detail.
1-FATHER got property BY CLAIM after Partition of India & Pakistan under Rehabitaion.
2-This property was claimed by him and after contesting case in Supreme Court it was given his naame.
3-Property in Pakistan was given to him by his grandfather(Maternal),when he won some lottery, and he bought house in my father's name>( I dont have proof of this)
4-My mother expired recently. within few days,father made a will in which he gave his property, Bank accounts etc everything to my brother. Not a single paisa to his two daughters.
Since it was death time he emotionally blackmailed and forced his both daughters(me and my sister) to sign as witness in the will and got it Registered in registration Office in Delhi.There both the sisters signed in front of registrar,with thumb expressions and live photograph taken there at ASAFALI Road at Delhi. With every legal formality required .
Immediately after completion of WILL REGISTRATION both father and Brother changed and dinot want to keep anyrelation with daughters.
Now I wish to know
4 HOUSES ARE FREEHOLD AND ARE IN THE NAME OF FATHER
1-If daughters sign as witness to the will made by father ,does that make them unauthorised to claim in property.
Father doesnot want to give share to daughters .
2-Father is alive. Can daughters take back their witness?
3-Do daughters still have right to property.
4-Does signing in as witness makes them surrendering their right to property.
5-How can they claim their right to property.
Both father and brother have broken all relations with daughters after getting their signature after the death of mother.
What is the procedure . Please guide.I shall be highly Obliged if any one can suggest any way to get my Right.
Thanks
fulltrottlle
19 August 2009 at 20:54
sir/madame,
does the provisional committee has the same rights/power as regestered society ?
Rachna kapoor
19 August 2009 at 16:41
If daughters sign as witness to the will made by father ,does that make them unauthorised to claim in property.Father got property through claim after partition. He doesnot want to give share to daughters and willed the whole property to his son and forced and emotionally blackmailed and made daughters sign as witness in registered will. with all the legal formalities at registration office with photographs etc.
Father is alive. Can daughters take back their witness?
Do daughters still have right to property.
Does signing in as witness makes them surrendering their right to property.
How can they claim their right to property.
Both father and brother have broken all relations with daughters after getting their signature after the death of mother.
What is the procedure . Please guide.
Tushar Salgaonkar
19 August 2009 at 12:05
Tenant was occupying a room in housing society. He was staying with his two daughters and a son. He expired a few years back. After the death of the tenant,one daugher is staying in that room and makes payment of rent. Society issues rent receipt in the name of the deceased (original tenant i.e. father) whenever payments are made by the daugher who is staying in the room.
Now she and her brother both are claimimg tenancy right of the room.
Whether society needs to transfer rent receipt in any one of them if so then whose name.
Further, their father was a tenant of the society and not the owner of that room.
Can Society send eviction notice to the person staying in the room and take possession of the room.
Uma Shankar
18 August 2009 at 19:52
If A purchased a commercial property situated in New Delhi from B in 1999. A paid transfer amount 3% of the consideration to MCD for getting property mutated in his name in 2003. Now A wants to get agreement to sell registered in his name and B is also ready for the same by paying 3% remaining stamp duty. But somebody told A that amount paid to MCD will not be adjusted in stamp duty as it is paid after 28.09.2001. Is there any circular/notification or rule?
Mehul K Ghedia
18 August 2009 at 15:35
Thanks in advance,
I am planning to buy a resale flat in the Registered Co-Op-Hsg Soc. in the western suburb of mumbai.
The society has been registered since 2006.
The conveyance deed has not been executed in favour of the society by the builder. so i want to know what is the implication/ legal consequnces of the same. is it ok to purchase the flat in such society?
Member (Account Deleted)
17 August 2009 at 21:51
When searching is being conducted what exactly is searched for in the Register Index at Registration Office? Is it the Name or Address? If a sale deed can be registered at Registrar of Assurance as well as Sub-Registrar's Office.. then how searching in Sub-Registrars office is sufficient? How searching report can claim that the property is free from all shorts of emcumbrances?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
VALIDATION OF WILL OF ANCESTRAL PROPERTY
1) Is there any validity of will?
2) If will is made before 1998 in favour of only brother, the person who made the will expired in Dec 2008. Ancestral property transferred to only brother after the death of father (i.e. Dec 2008). Law in favour of daughters is made in 2005. In this case, can married daughters ask for share in ancestral property at this stage.