Inheritance issue
kishore Vashu Kulchandra
(Querist) 10 March 2015
This query is : Resolved
my grandmother had purchased the property. My father had paid share to his two brothers.Now after his death he has willed his property in my name.Is this property still inherited property Can my brother stake claim if he is not in the will.
Kumar Doab
(Expert) 10 March 2015
It is believed that deceased was Hindu.......and she was your paternal grandmother and Hindu Succession Act shall apply...........
As per your post the property was self acquired by deceased female.
How did the property come to her son (your father) e.g. without any WILL,Gift deed etc or by WILL,Gift deed etc......say thru Virasat ka Intkaal…..
The property of a female Hindu dying without WILL shall be distributed :Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
Whether it was properly partitioned thru redg. Partition deed?
If the property has been properly partitioned then no one else should succeed in claim.
You may show all documents to a local lawyer dealing in civil/revenue/property matters.
kishore Vashu Kulchandra
(Querist) 10 March 2015
thanks for your help. I have the documents of my uncles" stating that they have received the due payments of their share.
P. Venu
(Expert) 11 March 2015
Had your father and uncles had executed any documents?
Guest
(Expert) 11 March 2015
The claim would depend upon legally valid documentssince purchase of property.
Rajendra K Goyal
(Expert) 11 March 2015
It seems your father and your uncles have not entered in registered settlement / relinquishment deed. Simple letter is not accepted in proceedings.
The query lacks material facts.
Consult local lawyer and show him all the documents,
ajay sethi
(Expert) 11 March 2015
your uncles have to execute relinquishment deed then only property could have been transferred in your father name . if your father has executed will in your favour apply for probate of will . your brother would then not have any share in your father share of property in case probate is granted
ajay sethi
(Expert) 11 March 2015
yes uncles can execute relinquishment deed / gift deed even now for relinquishing 1/3rd share in property standing in name of grand father
Guest
(Expert) 11 March 2015
Clearance of doubts depend upon examination of property related documents.
Kumar Doab
(Expert) 11 March 2015
Certainly you should show all documents to a local lawyer and also this Form14.
Dr J C Vashista
(Expert) 12 March 2015
I fully agree with the experts advise especially Mr. Kumar Doab and Mr. PS Dhingra.
Show all property documents to a local lawyer for proper professional advise after analysing the deeds/documents and circumstances vis-a-vis laws applicable in your father's case.
kishore Vashu Kulchandra
(Querist) 12 March 2015
Thanks Sir, I am today going to see a lawyer with all the documents. I have also found the release deed from my uncles. I thank you all for your support at this crucial phase. I shall revert back to you'll in case I shall come upon any hinderence
ajay sethi
(Expert) 12 March 2015
thanks for your appreciation
Kumar Doab
(Expert) 12 March 2015
Whatever you have: Receipt/Release Deed/Form 14...................get the deed registered before registering authority during the life time of stake holders.
Your lawyer can help you after examining all of your documents.
T. Kalaiselvan, Advocate
(Expert) 13 March 2015
From your query it appears that your father acquired the entire property of your grandmother after her death by paying the amount as compensation to his brothers for their shares in the property subsequently you want to ask that if the said properties are bequeathed in your favor by your father, will your brother stake claim in it. Once your father has full title to the properties and he bequeaths the same to you, upon the Will coming into force, you will become the absolute owner of the same, your brother cannot stake any claim in it.
Biswanath Roy
(Expert) 19 March 2015
If your late father categorically mentioned in his WILL that he purchased undivided shares of his two brothers by paying respective valuable consideration to them and if such will was countersigned by your two uncles as witnesses thereof then you as sole beneficiary of the will can hold the title of the property as absolute owner thereof subject to its probate granted by the Probate Court.
