Property Issue
Priyanshu Goel
(Querist) 30 October 2014
This query is : Resolved
We have a property in the name of our Grand Father's Father (The father of my Grand father). Acc. to his will, property will belong to his two sons ( my Grand father and his cousin). After his will, my grand father's cousin has separated and take his part (not land) and moved to another city.But no deed has been registered that time as he has no right in the property.
Now, They both are no anymore(grand father and his cousin).
Now, we want to get the title of the property in our name and they (grand father's consin's son and daughter) have no objection in this matter.
Kindly provide the solution as we have no knowledge regarding law. And what to do ? The procedure?
Isaac Gabriel
(Expert) 30 October 2014
The legal heirs of your father and his cousin can act in accordance with the will and register the same.Better conslt lawyer.
Priyanshu Goel
(Querist) 31 October 2014
Our lawyer has said we have to move to the court for getting the title of the property on "No Objection" basis on other legal heirs and judge will order the title in our favour in his judgement (as other heirs will favour for this).
Now my Question is whether it is possible? Or it will be as gift ?
Priyanshu Goel
(Querist) 31 October 2014
Our lawyer has said we have to move to the court for getting the title of the property on "No Objection" basis on other legal heirs and judge will order the title in our favour in his judgement (as other heirs will favour for this).
Now my Question is whether it is possible? Or it will be treated as gift ?
V R SHROFF
(Expert) 31 October 2014
You already have ur Lawyer.
Better follow his advise
Devajyoti Barman
(Expert) 08 November 2014
If you have any doubt on your lawyer then take another advice form different lawyer.
Kumar Doab
(Expert) 25 August 2018
Which personal law applies in your case?
Are you all Hindu?
The property is in which state?
Who was 1st owner of said property say; Father of your grandfather?
Was the said property {that is disposed by WILL (valid)} self earned/acquired or ancestral in the hands of 1st owner of said property e.g; Father of your grandfather?
Is the WILL of Father of your grandfather registered?
Was any executor appointed as per WILL?
Has the WILL been suly acted upon without any cloud on IT?
Apparently beneficiaries were alive as on date of death of Father of your grandfather.
Confirm!
Kumar Doab
(Expert) 25 August 2018
Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
The owner/title holder can dispose his/her self earned/acquired/absolute property by a valid WILL!
There can be tricky issues if ancestral property is dopsosed by WILL.
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. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.
The authority under whose jurisdiction property falls has a set procedure for such matters if the 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. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..
If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.
Although it is wrong since the WILL exists.
The WILL should be submitted to be acted upon in reasonable time.
Check locally and comply with procedure.
Kumar Doab
(Expert) 25 August 2018
Approach a very able LOCAL senior counsel of unshakable repute and integrity specializing in testamentary/succession/civil matters and well versed with LOCAL applicable rules/laws …. and worth his/her salt, can advise you in person after examining all docs, evidences on record and even draft the required deed for you.
There are such very able counsels at each location.
Check for such counsels at LOCAL civil courts, HC, SC…
Kumar Doab
(Expert) 22 December 2018
Same matter/query;
http://www.lawyersclubindia.com/experts/Power-of-Attorney-504616.asp
http://www.lawyersclubindia.com/experts/Ancestral-property-589341.asp
If yes; there are 2 beneficiaries in the said WILL and not 1.
http://www.lawyersclubindia.com/experts/Gift-of-property-690331.asp
http://www.lawyersclubindia.com/experts/Gift-of-property-690331.asp
http://www.lawyersclubindia.com/experts/Ancestral-Property-698661.asp
