balwinder s bains
24 January 2013 at 20:15
Dear Law Experts / Advocates,
Could you please provide the legal view on the following queries.
1. What is the accurate legal definition of COPARCENARY Property?
2. What is the difference between coparcenary and ancestral property?
3. It is said that every ancestral property is a coparcenary property but each coparcenary property can't be ancestral property?
4. How can be proved or What evidence is required to prove a property in question is the coparcenary property?
5. If a father and his 4 real brothers get their property from their father through Will in their names equally or in equal shares, The only son of one brother dies LEAVING BEHIND his wife and minor son, Now can this father or is it legal that this father transfers all the property in the name of his married daughter? He mentions in the family transfer deed That he is survived by his married daughter only and one of his daughter died in early age unmarried, his only son also died. He did not refer to his surviving wife, wife of his son or his surviving daughter in law and minor grandson aged about 4-5 years the class one heirs. Will this or can this be termed as suppression of material facts?
6. It is to note that this property is ancestral being getting transferred from great grand father in the name of grand father also mentioned as ancestral in revenue records.
7. Now can the class 1 heirs family members left behind or not declared in the transfer deed (Wife, daughter in law and grandson) get or claim their share in this property by approaching the competent court?
8, Is this property be treated as ancestral or coparcenary or self acquired?
Please advise.
Thanks and with regards,
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Difference between succession / legal heir / depednent certificates
1. What is the difference between all these three certificates and in what and which conditions or circumstances these are fit to use?
2. After death of a government servant his family is given certain post death benefits please advise which is the appropriate certificate to claim each or all benefits separately.
3. Succession Certificate - Is SC can only be used to claim immovable property or The post death payments or benefits (of govt employee as GPF, Gratuity, Ex gratia, GIS, DLI AND Family pension etc) are also released on the basis of succession certificate or legal heir or dependent certificate?
4. If a son is debarred by his both parents can they claim these benefits being his parents or successors after the death against his minor son and surviving widow wife.
Thanks again & regards.
Legally who stands where?