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D Ganthi   03 March 2017

Inheritance by son and daughter in absence of a Will (Hindu family)

My father passed away in 1999, without leaving a Will. As my mother had already passed away earlier, the survivors to my father's estate are myself & my sister. My father purchased a residential property in Punjab in 1980's, which later became his primary residence until his demise; my sister & I left to settle abroad well before his death.

My queries are as follows:

1. Can this property be classified as 'ancestral property'? (The property was self-acquired by my father, & none of my father's parents or siblings were living with him.)

2. Does my sister have right to equal share in the property?

3. As the only son, do I have sole rights to rent or use the property as I wish, until such time when the property is sold? (I do not currently reside in the property.)

4. Does my sister have any rights to the money received as rent?

5. What can I do to legalise ownership if my sister is not open to any amicable procedure? (My father is still the registered owner of the property, & we need to at least get it registered in our joint names.)

Thanks in advance for your valuable guidance



Learning

 19 Replies


(Guest)

Interstate.  Class 1 heirs have 1 share each. ie mom, sis's, bros. Equal share of 1 each.

shrenik (lawyer)     03 March 2017

ans 1 - its not ancestrol property

ans 2 - yes you and ur sister have equal share

ans 3 - you can use or rent , but can not sell off wihout consent of ur father 

 

their is one way out of the box if you want to sell it off without consent , but for that you have to contact me 

can not say on public platform

thelawassist   03 March 2017

I found this useful link. I think this would help you to know more about distribution of property after death, if there is no will.

https://www.vakilno1.com/legalviews/distribution-of-property-after-death-if-there-is-no-will.html

Regards,

TheLawAssist

A venture of Rimus Technologies Pvt Ltd.

Kumar Doab (FIN)     03 March 2017

Your mother pre deceased.

It is believed that your father’s mother also pre deceased.

Kumar Doab (FIN)     03 March 2017

Your understanding is right upto the extent that it is  self acquired property (if it was never thrown into ancestral pool by your father in his life time)………………………and that you and sister have equal share in property and mense profits.

 

You may check and obtain the forms/procedure from authority under whose jurisdiction property falls e.g; MC. It should be on the website of the authority also.

 

Accordingly you may submit the death certificate of your father, mother and legal heir certificate/affidavit to the authority to transfer ownership by inheritance in mutation records of the authority.

Thereafter you may obtain the latest mutation records showing the inheritance.

Thus both of you shall attain the rights equal to that of owner.

The nature of property that devolves by inheritance is of Self Acquired.

   

 

Kumar Doab (FIN)     03 March 2017

Nothing is like amicable settlement.

If you and your sister are willing you can sell/gift/settle/release/relinquish/ etc share to each other!

If you are not to use the property then either maintain it (by sharing the expenses or as suitable to you) or dispose it. 

shrenik (lawyer)     03 March 2017

Bro u just need a sucesion certificate Just go to court and hire a advocate to take sucesion certificate

D Ganthi   03 March 2017

Thanks for your short & sweet reply, Shrenik.

Just so that I have understood, are you saying that I do not need my sister's consent/involvement to get a Succession Certficate?

Will this Certificate give me sole right to sell?

Thanks again in advance

D Ganthi   03 March 2017

Me again, Shrenik...

What's your opinion on:

4. Does my sister have any rights to the money received as rent?

 

D Ganthi   03 March 2017

Originally posted by : Kumar Doab
Your mother pre deceased.

It is believed that your father’s mother also pre deceased.

That is correct, Kumar - any guidance?

D Ganthi   03 March 2017

Originally posted by : thelawassist
I found this useful link. I think this would help you to know more about distribution of property after death, if there is no will.

https://www.vakilno1.com/legalviews/distribution-of-property-after-death-if-there-is-no-will.html

Regards,

TheLawAssist

A venture of Rimus Technologies Pvt Ltd.

Thank you - very insightful article!

shrenik (lawyer)     03 March 2017

Bro ur sister has equal right over property And you will.need her consent to sell.property

shrenik (lawyer)     03 March 2017

Ur sister has equal right on property You have to take her consent Aftet that you can get sucesion certi Sucesion certi u need to mutuate property on legal heirs name

D Ganthi   03 March 2017

Thank you Shrenik... & thanks to all who replied.

My basic doubts have been cleared, will try for amicable solution, & keep my fingers crossed! smiley

 


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