Format for Notice to other heirs regarding my share in property
Querist :
Anonymous
(Querist) 05 March 2011
This query is : Resolved
My Father had invested his money(late 1960s) in property, but the same was taken in the name of the mother and elder brother.(no personal income of their own).
Considering that the father,mother and elder brother are no longer there and the children of the elder brother are disposing of the property:
(1)what notice should I issue to them regarding my share in the property ? (Kindly provide draft notices)
(2) Should I also issue a notice to any land records department or any other govt. department? If so, please let me know.
(Kindly provide draft notices)
An early reply would be highly appreciated.
A V Vishal
(Expert) 05 March 2011
ADVISE TO PERSONALLY SEEK SERVICES OF A LOCAL LAWYER.
Querist :
Anonymous
(Querist) 05 March 2011
I am definitely going to do that once I get an overview as to what all needs to be done.
However, before the lawyer/advocate issues a notice, I want to personally write a letter to my brother's heirs informing them that I have a share in the said property and that in case they go ahead with the sale, I should get my rightful share. If they deny, only then do I intend to take matters to court.
Therefore, may I request you to give me a draft letter which I sould send to them putting across my point.
R.Ramachandran
(Expert) 05 March 2011
Dear Anonymous,
Do you mean to say that the property is in the joint name of your mother and your elder brother?
Please also confirm whether your mother is still alive?
Please give the composition of your family - i.e. your father, mother, son(s) and daughter(s).
Also indicate where is the propety situated?
Querist :
Anonymous
(Querist) 05 March 2011
Mr. R. Ramachandran,
Here are the answers to your queries:
1.Part Property is in the name of Mother, elder brother and remaining half in my Father's friend's name.
2. Neither my Mother or elder brother is presently alive. Property was bought by my Father in 1960, Mother was a housewife and brother still studying.
3. I have another elder brother.(so its Father Mother Eldest Brother (all deceased), plus another elder brother n myself (daughter).
4. Property is located in Maharashta.
THank U all for ur efforts in helping me out.
Querist :
Anonymous
(Querist) 05 March 2011
PLease let me know what letter should i send to the heirs of my brother and also do i need to write letters to any department? Would really appreciate an early response.
R.Ramachandran
(Expert) 05 March 2011
Dear Anonymous,
Since it was your father's self-earned money, he had every right to do whatever that wanted to do with it. No one can question his actions. Therefore, is your father in his wisdom had spent his money in a property and had given it in the name of your mother, elder brother and his friend, no one can question that. In fact the persons (your mother, elder brother, friend) in whose name the property is there - to the extent of their shares - are the owners of the property. The fact that whether they are house wifes, not-earning anything etc. etc. has no relevance. FOR ALL PURPOSES UNDER LAW, THEY ARE THE LAWFUL OWNERS OF THE PROPERTY IN QUESTION.
So you will not be in a position to ask anything from your elder brother or friend in whose name the property has been given by your father.
However, in respect of the property that was in your mother's name, since she had already died, if she had not left any will, THEN IN THAT SITUATION, all her children [son(s) and daughter(s)] will get equal share by way of inheritence. Even your elder brother, who has already got a property given by your father, would also get an equal share from your mother's property.
Now you have to be clear as to (i) which property (or what share of any property) was in your mother's name; (ii) currently the said property is in whose possession?
Depending the answers to (i) and (ii) you have to send proper legal notice to the persons concerned. I would advice you to approach a local lawyer; discuss with him with all the documents that you have in your possession and then to send the legal notice.
Querist :
Anonymous
(Querist) 05 March 2011
Dear Mr. Ramachandran,
I really appreciate you responding to all my queries instantly. Well, I would like to add that the property was bought sometime in late 1960s and considering my elder brother and myself were minors at that time, he bought it in the name of my Mother and my eldest brother. Will the Benami Transaction Act apply?
also, the propery is a vacant land in the interiors of the state and no body is in possession.
All i want to do is (before going to any lawyer) send a letter to everyone stating that even i have a share in the property. In that event, what kind of letter should I issue?
Querist :
Anonymous
(Querist) 05 March 2011
The relations with my nephews and neices are cordial and therefore, i wish to do everything through a letter/notice.
R.Ramachandran
(Expert) 05 March 2011
I have already explained to you in detail that you do not have any legal right in any of the property mentioned by you since it is in their respective names. Even if I agree that both you and your elder brother are minor, why your father put only your elder brother's name and not your name. In any case, there is absolutely no restriction or legal bar in registering the property in the minor's name. Therefore, these explanations would be of no help to you. The fact of the matter is that you do not have any right to claim any share in the property which is in other's name. As already indicated by me, only in respect of the property left behind by your mother, you can have your share.
In spite of the above legal position, still if you want to write a letter to your nehpew/niece go ahead and do.
Querist :
Anonymous
(Querist) 06 March 2011
Thank You Sir for your valuable inputs.
a.manoharan
(Expert) 09 March 2011
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