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Kishore Jain (na)     04 December 2014

Property rights

 

'A' purchased land somewhere in the year 1950/51 for a sum of money. This property was inherited by this son 'B' after his death. 'B' was very good friends with my father 'C' and hence wrote this entire inherited property via a will to 'C'(my father). This will was probated by the high court via executors and now 'C'(my father) is the administrator as well as beneficiary of this property.

My question is ..

1> if this property will be considered as ancestral property?   

2> i stay away with my mother and have no siblings. do i have a share in this property?

3> can my father sell this property out of his own free will? 



Learning

 7 Replies

Subash M R (Advocate)     05 December 2014

1)No.

2)During the life time of your father,you can not claim any share on the said property.

3)Yes.

Thanking you,

1 Like

Advocate Ravinder (Advocate/Attorney)     05 December 2014

I Agree with subhash MR.  But kindly check up whether there are any other siblings to B.  If there are any other silibings then the property will devolve upon other siblings also. 

1 Like

Kishore Jain (na)     05 December 2014

But this property is not out of own earned money of my father (C) .. will it still not be considered as ancestral property?
Can he (C) 'will' this property to anyone he desires?

how best can I & my mother safe guard our interest?

Ravinder sir, B dont have any siblings.

thank your for the replies. 

Mrugesh (Engineer)     06 December 2014

Good Morning Sir,

 

We have land in Vadodara. Its basically agriculture land ( juni sarat ) shared among four family members.

Now Vadodara Munipal Corporation, Gujarat has given us notification saying that 40% of land would be used for public interest ( Jaher Hetu Mate Anamat ). Now what can be done to stop this acquisition? 

Can I put legal suit against VMSS? Are they liable to give us composition according to Land Acquisition Act that is 2 times price than market price?

Please guide.

T. Kalaiselvan, Advocate (Advocate)     08 December 2014

1> if this property will be considered as ancestral property?   

No, this will be considered as your father's own property.

 

2> i stay away with my mother and have no siblings. do i have a share in this property?

You cannot legally claim any share in this property during the life time of your father and after his demise, if he had not made any arrangement namely Will or family settlement or gift deed, the property will intestate, upon which you can have a share equal to that of other legal heirs of your father.

 

3> can my father sell this property out of his own free will?

Yes, since it is his own property, he can transact with this property in any manner as per his desire during his life time.

1 Like

Kishore Jain (na)     10 December 2014

Thank you Avd. T.Kalaiselvan.
what would be the most economical option post the demise of my father to get this property on my name? A probate of the will or a succession certificate?

please advice as gift deed is not possible because property value is high. want to safeguard me and my mothers interest in the best possible manner. Thank you.

 

T. Kalaiselvan, Advocate (Advocate)     10 December 2014

A Will can be a better option in case you want to inherit the property after his demise which will not involve any cost for transfer of property on your name but you may have to wait.

1 Like

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