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Mrinal (NA)     26 July 2012

Rights of legal heirs - after deceased owner.

Hi Experts,

My father passed away suddenly last year. He was working and was fit. Death was a shock.

My grandfather bought two lands. He died without a will in 1991.

For Land1 - My grandmother left a guidence and the land was partitioned accordingly after her death in 2009. The papers (Rin Pustika), for my father's share, are in my father's name.

For Land2 - Nothing has been done yet. There are plans to partition it?

1. We want to get the name changed to my mother's name on Land1. Me, my brother and sister are ok with this transfer and will do everything needed to support this. Do we need to get NOC from my father's siblings to get the Land1 transffered to my Mother's name? What is the process for this transfer?

2. We just figured out that my father's portion on land1 is considerably smaller that his brothers. He has only 75% of the size of what other brothers have got. Can we challenge for an equal share? Also, two of his brothers have already sold there portions to other people legally.

2. Does my mother has rights on the share of land2? My uncles are trying to partition the land within themselves and not give any portion to my mother as my dad is no more. What are my mother's right on this land?

Please reply as soon as possible.

Thanks!



Learning

 4 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     26 July 2012

Dear Mrinal,

 

As far as Land 2 is considered your mother has right in it for equal sharing since it is an ancestral property.

 

further, your mother need to file the partion suit before the Court to get her share in the property before your uncles get all the documentation done for that property in their names only.

 

You need to act fast in this regard.  Now as far as Land 1 is concerned there is no way out you can challange the sharing as they have sold the land to third party.

 

Incase you need any legal assiatnce you may call on 09324538481.

 

Regards,

Mrinal (NA)     27 July 2012

@ Advocate Rohit -

Thankyou for answering this. Can you pls post the answer to query 1 - Do we need NOC from all the siblings to get the name changed to my Mother's name from my father's name?

Thanks

Adv Rohit Dalmia 9324538481 (Lawyer)     27 July 2012

Yes you  and your siblings has to give NOC for transfer of the property in your mothers name.

 

Regards

Advocate Rohit Dalmia

09324538481

Mrinal (NA)     27 July 2012

Sorry for not putting it correctly.

Do we need NOCs from my father's siblings to get the name transffered from my father's name to my mother's name. Me and my siblings have already given the NOCs.


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