Land
PRADEESH
(Querist) 22 January 2018
This query is : Resolved
I have a friend she is married,her mother passed away and her elder sister and father making a building with out her consent the property was in the name of her mother they are not giving her part to her she like to prevent construction of building and partition proses with out her consent she from a Nair family
Guest
(Expert) 22 January 2018
Why so hurry, why not wait patiently to claim her share later out of the built up building after her father and sister complete construction of the building?
Guest
(Expert) 22 January 2018
Facts insufficient for any advice. However, she may take stay order from the court with the help of some local lawyer.
Guest
(Expert) 22 January 2018
Discuss with local Advocate and serve notice to them to stop construction and to.implement legal partition.. An news paper advt of legal notice also could be made in local news paper. Certainly the other side would come out for compromise and negotiations.Discuss with local Advocate in detail.
Kumar Doab
(Expert) 22 January 2018
It is believed that all involved are Hindu.
Confirm!
Kumar Doab
(Expert) 22 January 2018
Check in person with concerned official in O/o Authority under whose jurisdiction property falls e.g; Naib Tehsildar in MC, Patwaari and obtain copy of mutation records with all link docs………. The situation shall be clear to you, including but not limited to if mother executed any valid/registered document to dispose her absolute/self acquired property in anyone’s favor in her life time.
Also if due approval were obtained for construction and what documents where produced to get approval and if any fraudulent act or transgression was committed.
Kumar Doab
(Expert) 22 January 2018
In case of Hindu woman the nature and source of property matters.
In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..
If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.
If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband.
The property from mother’s side is not ancestral.
You can determine the share of each legal heir accordingly and see how and how much gets vested in each legal heir.
The process and procedure to get share updated in mutation records is simple.
The authority under whose jurisdiction property falls 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.
The authority shall update share as per provisions of personal law that applies in mutation records.
The authority under whose jurisdiction property falls has a set procedure for such matters if WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements…………and authority may ask for NOC from legal heirs (other than beneficiary) and/or ask to release advt in newspaper inviting objections if any and/or write to legal heirs to submit objections if any in a set time……
The authority shall update share as provided for in the WILL/ personal law that applies in mutation records.
The said daughter as in query being legal heir can proceed on her own also.
Kumar Doab
(Expert) 22 January 2018
By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner. The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.
The legal heirs may also opt for amicable family settlement (narrating the WILL in it if WILL has surfaced) and register IT and IT can end scope for any future litigation.
You may prefer to discuss in person with a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue matters having a successful track record….and show all evidences of all record with you ….for a considered opinion…..
Kumar Doab
(Expert) 22 January 2018
The said daughter has not invested any penny in construction...............
and may not expect any free/easy penny out of amount spent on building from her own family members against whom you are contemplating to know the rights............
The good for nothing post of 2nd postor immediately after your 1st post query may be ignored............
Avoid falling for such allurements.....
Guest
(Expert) 22 January 2018
Why Mr. Kumar Doab, as of his undying habit of playing number game to add undue scores to his credit by making multiples of vague and irrelevant posts without any useful advice? What was the relevance of making 5 irrelevant posts against a very simple and short single question of the querist?
SHIRISH PAWAR, 7738990900
(Expert) 22 January 2018
If your friend want to stop construction she can move court for staying the construction and for partition of property.
