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Habib   29 January 2018

Inheritance law

Hi,
My grandfather's dad was a billionaire. He had wast land and wealth, inherited.But my grandfather was cheated by his only younger bro, and he took all the wealth himself, Now their generation is enjoying a royal life style with this inherited wealth, while ours is having a normal to strugling life.
Grandfather was a sadu and prevented any of my uncles or dad to take proper legal action and get proper legal share on the property.

Now, in thhe present senario, is there anything I can do to have a re partition and re calculation as I beleive, we too have equal rights in this property and we too must get an appropriate share,

But grand dad  and his bro is deceased, they are no more.

Please help.

 



Learning

 9 Replies

G.L.N. Prasad (Retired employee.)     29 January 2018

The law has stipulated 'Limitation period" and defined relationship which has to be considered for succession.  In absence of facts, posting mere suspicions and seeking guidance can not help you.

Make thorough investigations, establish a fraud, detect those concealed documents, and contact a reliable advocate.

Without all this, mere assumptions disturb you further with physical, mental and financial stress.

First estimate your resources and limitations and your other party's strengths.

P. Venu (Advocate)     29 January 2018

The posting is short of material facts. Primarily, how is that your grandfather's brother came in possession of the property? Particularly, was there any partition duly executed?

Kumar Doab (FIN)     29 January 2018

1st thing 1st;

Which personal law applies in your case?

e.g Are you all Hindu?

You have posted that your Grandfather was Sadhu that gives impression that he was Hindu! Did Grandfather (that was Sadhu) renounce the world or he was a still a family man (Grahasth)?

Who was 1st owner of estate/property; your grandfather’s dad’s dad?

The estate/property in the hands of 1st owner was self earned/ancestral?

You have posted that your grandfather’s dad inherited the wealth/ estate/property.

His gives impression that succession opened on death of your grandfather’s dad’s dad!

Isn’t IT?

If yes, who were other legal heirs’s of your grandfather’s dad’s dad?

Kumar Doab (FIN)     29 January 2018

Generically speaking; the property that devolves by inheritance is of nature self acquired.

Thus if Grandfather inherited some property then did he dispose IT in his life time by a valid/registered deed in anyone’s favor e.g; by(valid) WILL/relinquishment/transfer/settlement/gift/partition/sale deed in anyone’s favor say; his brother?.....................If yes there may be no Cheating!

 

If NO then upon his death the succession would open and his legal heirs should inherit e.g; Your father, your paternal uncles, your paternal aunts’s etc?

 

1 Like

Kumar Doab (FIN)     29 January 2018

For your academic interest;

1st thing 1st; Obtain mutation record with all link docs from the O/o authority under whose jurisdiction property falls say; MC and determine who was 1st owner and whether the property in the hands of 1st owner amongst forefathers was self acquired or ancestral and also on strength of which documents the ownership was effected from time of 1st owner ( say; your grandfather’s dad)  onwards say upto brother of your grandfather ………say some registered family agreement/ WILL/relinquishment/transfer/settlement/gift/partition/sale deed………… and death certificate , legal heir certificate are submitted.

 

It is believed that all involved are Hindu and Hindu Succession laws/rules shall apply in this case.

Confirm!

The nature of property that devolves by inheritance, WILL, partition is; self acquired.

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.  

You can determine the share of each legal heir accordingly.

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

 

The authority under whose jurisdiction property falls has a set procedure for such matters if (valid) WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or ask to release advt . in newspaper inviting objection if any,………..and/or may write to legal heirs t submit objection if any, in a set time.

If NOC is submitted and/or NO objections are submitted then authority may transfer ownership in the name of beneficiary in mutation records.

If WILL is contested IT lands up probate court of pecuniary jurisdiction and court hall decide.

 

 

The authority shall update share as per provisions of WILL/probate/personal law that applies in mutation records.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.   The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

1 Like

Kumar Doab (FIN)     29 January 2018

 

You may start from mutation records and link docs………..

If you are unable to handle on your own, you may approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/succession/civil matters and having a successful track record….for a considered opinion and understand your options and merits in each option.

Or if other legal heirs are willing you can strike an amicable settlement and register IT…

 

Habib   30 January 2018

Thanks for the valued replies,
Espeially , Mr. Kumar Doab, much appreciated for the detailed response.

Atleast now I know, that there is some hopes and also, where to start from.

Regards,

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 February 2018

The Limitation Act puts a limit of 12 years to claim property in adverse possession.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 February 2018

The Limitation Act puts a limit of 12 years to claim property in adverse possession.


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