Challenge indemnity bond for property
Querist :
Anonymous
(Querist) 20 April 2024
This query is : Resolved
Hello, my father is the co-owner of a property inherited from his father based on a registered Will. The property was jointly owned by my uncle too. 50 % each jointly. Lately my uncle passed away without a Will. My aunt has submitted an indemnity bond to the authorities to put her stake in this property. Can my father or me or my siblings challenge this bond.
kavksatyanarayana
(Expert) 20 April 2024
No. Your father along with his family can enjoy his share.
Querist :
Anonymous
(Querist) 20 April 2024
Why can't i challenge the indemnity bond? The authority did not even bother to inform the other owner.
T. Kalaiselvan, Advocate
(Expert) 20 April 2024
You say that it is a jointly owned property then it is natural that the legal heirs of deceased joint owner shall stake their share in the property as a right.
How can you deprive her rights in the property.
T. Kalaiselvan, Advocate
(Expert) 20 April 2024
You say that it is a jointly owned property then it is natural that the legal heirs of deceased joint owner shall stake their share in the property as a right.
How can you deprive her rights in the property.
Querist :
Anonymous
(Querist) 21 April 2024
As i have mentioned that this was an inherited property from my grandfather to his two sons via his registered Will. I do not wish to deprive anyone but after the unfortunate and mysterious
demise of my uncle we all are sceptical why wouldn't he not made his Will.
Isaac Gabriel
(Expert) 21 April 2024
In this case equal share for the two brothers is the way out.
T. Kalaiselvan, Advocate
(Expert) 21 April 2024
All that you have in this proeprty is that your father is entitled to only his share in the property and he cannot claim his deceased brother's share in the property for any reason.
Now what is the problem when your deceased uncle's wife is claiming her husband's share in the property.
SIVARAMAPRASAD KAPPAGANTU
(Expert) 21 April 2024
Kindly note that when one of the Joint Owners of a property dies intestate, the property shall continue to be shared by the surviving Joint Owner and the legal heirs of the deceased Joint Owner. It is as simple as that.
P. Venu
(Expert) 26 April 2024
What is the content of the Indemnity Bond? To whom it has been furnished ?
On the demise of the uncle, his share in the property is vested with the respective legal heirs. However, the procedure or process of submitting an indemnity bond is a procedure unknown to law. Please verify.
Querist :
Anonymous
(Querist) 26 April 2024
You all miss the point about the need to furnish an indemnity bond by my aunt if my uncle may have choose to keep her out of this inherited property. As my uncle dies under mysterious circumstances. Also the government officials did not even felt the need to get an NOC from the other existing owner.. Doesn't all this be the valid justified reason to challenge the indemnity bond..?
T. Kalaiselvan, Advocate
(Expert) 26 April 2024
Your deceased uncle's wife is his widow and one of the legal heirs to succeed to his estates as he is reported to have died intestate.
Therefore there is no necessity for her to give any indemnity bond neither a NOC.
She is entitled for a share as a right out of her deceased husband's share of property property
If she has to relinquish her rights in it then she may have to execute a registered release deed relinquishing her rights in the property which is the only legal option and if any other mode is followed then it will not be recognised as a legally valid option.
She can very well file a suit for partition and can claim her share anytime after that also if she has not relinquished her rights by a registered document
P. Venu
(Expert) 26 April 2024
Admittedly, your uncle had not executed any Will. As such, property that is left intestate would be devolved upon the legal heirs by operation of law. Government officials have no authority to decide or interfere in such vesting of property by inheritance.
It appears that the query is based upon misconceptions than facts.
SIVARAMAPRASAD KAPPAGANTU
(Expert) 26 April 2024
Mr Querist, nobody is unable to understand your simple question. Everybody understands. It is apparent from the question that you are suspicious of your Uncle's death. You are repeatedly mentioning the indemnity bond submitted by your Aunt. In the transfer of property, there is no need for an indemnity bond, etc. If you still need further clarification, you have to come out with the problem clearly explaining the indemnity bond and what is written in it, to whom it is given, and the circumstances under which the so-called indemnity bond is given.
Shri P Venu, Advocate is correct in saying that the query is based on misconceptions rather than facts.
