LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ramakrishnaraju (Asst.)     02 December 2009

Ancestoral property

My father in law has got a son and daughter.  He inherited a property which is about 50 lakhs worth and apart from this he purchased   two or three one ground in and around chennai from his own sources.  Whether I can get any share for my wife as my wife doesn't want to ask anything from them.



Learning

 17 Replies

Anil Agrawal (Retired)     02 December 2009

 If your mother-in-law is alive, three shares.

Else, your wife gets 50% share. Get a succession certificate. Spend some time and money. Don't try to grab it in a jiffy.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     02 December 2009

From your question, I understand that your father-in-law is alive and that the properties are to be treated as his self acquired properties. During your father-in-laws life time, your wife can not claim any right in the properties nor her brother. After your father-in-law's life time, if he dies intestate, your wife and her brother will get half share in all the properties. Suppose your mother-in-law is alive, at the time of partition, then each gets 1/3rd share. No succession certificate required to inherit immovable property.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     03 December 2009

OPINION GIVEN BY  N.RAMESH   is to the point,but pertaining  to No succession certificate required to inherit immovable property, If any member wnats his name to be mutated in the revenue records, The revenue authorities would defenitely demand for succession certificate.Therefore succession certificate/or surviourship certificate is must to determine the living members of the concerned family.

Anil Agrawal (Retired)     03 December 2009

 Why even among the literate and educated community, a notion is gaining ground that whatever one wants to do, he can do it without legal sanction? Of course, writing a will in our society is not common, but the fallacy prevails that after the death of the father, the property automatically is inherited by wife/sons/daughters and on need not obtain succession certificate. Legal fraternity apart, those who read this must disabuse their mind from this mindset. 

If they are inheriting property, what is the problem in spending some money by way of court fee and lawyer's fee? Of litigation is time consuming but that is the way we have to live with.

Ramakrishnaraju (Asst.)     03 December 2009

my point is what is the position in the inherited property of my father-in-law.  Of course what he earned, it is at his discretion  that can be given to anybody.   Both my in-laws are alive. 

Anil Agrawal (Retired)     03 December 2009

 Both of them have inherited properties some acquired by their father and some acquired by their grandfather. Therefore, your wife has every right in both the properties. Why this doubt?

Let her file for succession certificate giving details of both properties. Of course lawyer's fee and court fee will have to be paid and time spent. 

If you want to be chummy with your in-laws, forget about it. In legal matters, friendship and relationship do not help. Hard facts, truth, proof and evidence are all that needed. Yes they may not your wife filing the suit for succession, but, you cannot have your cake and it too. 

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     03 December 2009

I repeat no succession certificate is required in case of inheritance of immovable property. To mutate the revenue records, Legal heir certificate is to be obtained from the concerned revenue authorities. Succession certificate is required in case of transfer of shares, securities and money deposits of deceased person. 

In case of normal inheritance why you want to appraoch court. Who is the defendant?

In case of shares and securities, the properties are with third parties therefore you have obtain succession certificate from court to get the properties transfered in your name.

 

Anil Agrawal (Retired)     03 December 2009

 What happens if it is a house and not agricultural land?

Ramakrishnaraju (Asst.)     03 December 2009

Can i (my wife)  have a share in the inherited property.?  The house which was bought by my father in law on his own earnings, I think , as i right i will not get.   What is the legal position after my father  in law/

Anil Agrawal (Retired)     03 December 2009

 The confusion is getting worst confounded. If a father dies intestate (without having written a WILL) all his sons and daughters and wife have equal share in the property left behind by him (either self acquired or inherited by him from his forefathers). 

You don't have a share. Your wife has. There is only way to get it and the best way is for all the legal heirs to agree mutually and apply for succession certificate which makes entitled to their share legally.

Since it is a matter of property (where most of the families have been destroyed), the other way is also to apply for succession certificate and fight the battle ferociously in a court of law. 

The worst scenario would be when the brother disowns her sister and vice versa. You should be prepared, if not done in a gentlemanly way, to have a bitter battle for God's knows how many years and at what cost.

The soon your wife's files for her claim the better. Nobody has seen tomorrow.

joyce (advocate)     04 December 2009

A agree with Ramesh suggestion n adopt the same.

Anil Agrawal (Retired)     04 December 2009

Mr. Ramakrishnaraju is talking about properties not agricultural land. I admit that I have limited capacity to understand that shops, houses, buildings, plots of land, all kinds of movable and immovable properties can be inherited by legal heirs without a succession certificate when their father dies intestate. Where is the question of revenue records in case of properties other than agricultural land?

Kindly elucidate. 

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     04 December 2009

Not only agriculture land but all the other lands, like house sites, plots have revenue records.

Even if you construct house or shop, the land is measured and has reveune record. In respect of urban areas, Urban land records are maintained by the revenue division in the corporation or the municipality.

Every piece of land in india has been surveyed and records are maintained by revenue authorities.

 

Anil Agrawal (Retired)     04 December 2009

 I maintain that no body can get his share without succession certificate. Sale and purchase of houses/shops/ and other immovable property is registered by the Inspector General of Registration and has nothing to do with land revenue records. On these purchases, stamp duty is to be paid. Does any one pay stamp duty when agricultural land is transferred on the death of the father to the name of the son? Such land comes under the domain of Tehsildar or land revenue officials not IGR.

I admit that there may be States who allow inheritence without probate of will or succession certificate or letter of administration.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query