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Himanshu Tiwari (Self)     15 August 2011

Complicated matter - inheritance law - wasiyat

Hi All,

I've this complicated situation.

I've a residential land in Uttar Pradesh which was in father's name. My father died last year. I've been enquiring with various local laywers on who should inherit the property but no one can provide definite answer.

In my family I've my mother and sister apart from myself. 

Some lawyers say that the Wasiyat can only be done to all family members and can't not be done to only one single member.

Can anyone clarify this issue?

I want to do Wasiyat for this residential plot on only one family member. 

Is it possible?

If possible then anyone can let me know the procedure please?



Learning

 8 Replies

Sanjeev (Lawyer)     15 August 2011

after your fathers death the property shall be inherited by you, your mother and sister equally. As the property dont belong to you and you become the part owner so you can just make will(wasiyat) for your 1/3 part to any other member.

Himanshu Tiwari (Self)     15 August 2011

Tx for the reply.

Is there any way by which this property can be put on only one person's name?

Naveen Kumar (service)     16 August 2011

You are the absolute owner of the property.  On the basis of your father's death certificate you can change the ownership property [by applying change of katha] into your mother's name.  So after that your mother can execute will or gift deed in your favour or your sister. 

Sanjeev (Lawyer)     16 August 2011

The way to get the property listed in a single name would be that the other two co-owners relinquish their right to the property by way of a Affidavit. If you want this property to be listed in your name then your sister and mother would need to give a affidavit/relinquishment deed in your favour that they relinquish their right to the property and have no objection in getting the property registered in your name.

parag (director)     17 August 2011

 

 

paragI am Online

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Help me,

  i had purchased a NIT regularised ULC plot of Housing socieytyin 2004 with area 650sqft,in 2007 after reallocation of plots i got extra area of abt 250sqft.i HAVE PAID ALL THE RELATED DUES LIKE Demand of NIT of rest of the Area i got.Now i want to change area in Aakhiv patrika of City servey,when i approached them they asked me for a Correction deed of rest area.here is a problem when i request to the secretery of housing society he asked me for a compensatiion, so is it legal what he is demanding or NIT will produce me the correction deed. pls sir help me for this.....

i have a fresh copy of Regulerisation Letter(RL letter )of NIT with full Area i alloted


parag (director)     17 August 2011

sanjeev sir please reply me on my matter pls


raj kumar ji (LAW STUDENT )     18 August 2011

parag ji ,

  first of all plz give me some answers

1.property is self acquired by ur father or father earned that property from his earning ?

2.ur father can write any will(wasiyat)or not ?

3.what do u want or ur family member ?

raj kumar ji (LAW STUDENT )     19 August 2011

sryy for himanshu


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