transfer of property
Wakle
(Querist) 08 April 2018
This query is : Resolved
hi.my father earn property but all property taken in name of my elder brother.we r hindu joint family.my father died then brther died.After death of my elder brother her wife tranfer property to her name with help of tahsidar of that place.she not include my mother name nor my name in that property. my question1) wat me & my mother do now? 2)tahsildar has power to transfer property?
Ms.Usha Kapoor
(Expert) 09 April 2018
Assuming that YOUR FATHER DIED INTESTATE AND Y0OUR ELDER BROTHER Also DIED INTESTATE YOU ALL HAVE Shares IN THAT PROPERTY.Get Legal heir certificate from Tehsildar and file partition suit for allotment of your share and possession.If it was y0our father's self acquired property you don't have any rights in that property.
Wakle
(Querist) 09 April 2018
What we do about partition of property
Situation : hi.my father earn property but all property taken in name of my elder brother.we r hindu joint family.my father died then brther died.After death of my elder brother her wife tranfer property to her name with help of tahsidar of that place.she not include my mother name nor my name in that property. my question1) wat me & my mother do now? 2)tahsildar has power to transfer property?3)my mother is also classone heirs in that property ,not include her name in that tranfer of property.My mother able to file crpc case of 468,467,471,420 on tahsildar & my brothers wife? my brother wife giving false appedvit to tahsildar writing that "she is only heirs of my elder brother & if this information is wrong then sue on me as 199,200."
P. Venu
(Expert) 09 April 2018
The property belonged to your brother, unless it is the case that it was purchased out of joint family resources. Certainly, the property is jointly vested with the mother and the wife and the children, if any. Mere alteration or entry in the Revenue Records does not amount to title to the property.
Kumar Doab
(Expert) 09 April 2018
Which personal law applies in this case?
Or are all involved Hindu?
All properties/resources/funds in the hands of your deceased father were of nature self earned/acquired or ancestral…………………that was utilized to buy said property in the name of brother?
The said property is agricultural land, rural, Urban, or it is a building?
Who survived brother as on date/month/year of his death say; Mother, Wife, sons , daughters…..
Has he let any valid WILL?
Confirm?
Kumar Doab
(Expert) 09 April 2018
Succession opens on date of death.
The legal heirs are per provisions of personal law that applies.
In case of Hindu male dying without disposing his estate/property in his life time by a valid/registered deed say WILL the estate/property devolves upon legal heirs… ClassI legal heirs have 1st right i.e. Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…..
The authority under whose jurisdiction property falls say;MC, has a set procedure for such matters if NO WILL has surfaced; ‘Intestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website.
Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
Check locally and get copies of requisite forms/annexures/procedure, copy of updated mutation records. Pursue RTI route if required.
If LOCAL revenue codes/procedure provide for affidavit to suffice for transfer of ownership by inheritance then concerned official say; Tehsildar might have not committed any transgression….
In any case if any false representation has been made approach concerned official and lodge protest under proper acknowledgment at once and ask to restore back in the name of legal heirs and also stop any alienation. .
Or get order from civil courts..
Kumar Doab
(Expert) 09 April 2018
Without wasting time approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/Civil matters and well versed with LOCAL revenue codes/laws/rules and having successful track record ……and worth his/her salt…
Your counsel shall do the needful and fetch order from court of law to provide relief to you.
