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Anindya Guha Roy   11 May 2017

Married Daughter has entitle her Father property

Married Daughter has entitle died Father property while brothers are entitle that ? How we get our portion from that property ?


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 12 Replies

Kumar Doab (FIN)     11 May 2017

It is believed that you are Hindu, and deceased father has not left a valid WILL.

The property is self acquired or ancestral?

Confirm!

 

Kumar Doab (FIN)     11 May 2017

In case of Hindu Man dying without leaving a avlid WILL his estate/property devolves upon ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons , daughters………………..

 

Maried daughters have share in deceased father’s property.

Kumar Doab (FIN)     11 May 2017

If father has not left a valid WILL then it is simple case of inheritance (Intestate Succession).

 

The procedure/forms/details for such matters (Intestate Succession) are usually available on website and O/o Authority e.g; MC, under whose jurisdiction property falls.

Usually prescribed form with death certificate, legal heir certificate…………………are required to be submitted for updation in mutation records.

Obtain latest mutation records showing ownership in the name of all legal heirs. 

Kumar Doab (FIN)     11 May 2017

 

If father has left a valid WILL then it is case of Testate Succession.

 

The procedure/forms/details for such matters (Testate Succession) are usually available on website and O/o Authority under whose jurisdiction property falls.

Usually certified copy of the WILL, death certificate, legal heir certificate…………………are required to be submitted. The authority may ask for NOC from other legal heirs/release advt in newspapers inviting objections/or write to legal heirs asking to submit objections if any, in set time.

 

In case of NOC or NO objection authrotiy may transfer the ownership to beneficiary as in the WILL that has been acted upon.

A WILL can be contested.

 

Kumar Doab (FIN)     11 May 2017

Same Query:

https://www.lawyersclubindia.com/forum/Married-Daughter-has-entitle-her-Father-property-149762.asp

Kumar Doab (FIN)     11 May 2017

Same Query:

https://www.lawyersclubindia.com/forum/Married-Daughter-has-entitle-her-Father-property-149761.asp

 

 

Kumar Doab (FIN)     11 May 2017

Also:

https://www.lawyersclubindia.com/forum/Married-Daughter-has-entitle-her-Father-property-149760.asp

https://www.lawyersclubindia.com/experts/Maternal-uncles-depriveing-us-from-ancestral-property--640716.asp

 

 

c.thomas noble (Lawyer)     11 May 2017

Yes you are entitiled unless no will as against you, if it is ancestral property your share is sure and you may file suit for partition before the competant civil court of law. if it is purchased through self earned money of your father then it is his choice to settle the same but your father died intestate or without any will or any gift deed or settlement deed or sale deed or any other mortgages you may get your share from the property if any above said execution taken place as against you then it is difficult to recover. first apply Encumbrance certificate if it is free from all above said encumbrance definitly you have a share.  

Kumar Doab (FIN)     11 May 2017

You have posted at:

https://www.lawyersclubindia.com/experts/Maternal-uncles-depriveing-us-from-ancestral-property--640716.asp%20

 

"My maternal uncles are saying that Grandmother had given them . How can it possible? Has Grandmother any right to give them while the property was registered in the name of Grandfather ? They might be make some fordge documents like gift Deed & trying to contraction on that land ."

 

You may obtain mutation records with all link docs (record) from O/o authority under whose jurisdiction property falls.


Once you have these you can ascertain what or if any fraudulent act was committed.

Rudrawar Narayanreddy (Law Practice)     12 May 2017

On death of father intestate, his self acquired will be go to his legally wedded wife, and to his legitimate and illegitimate children equally. But in the ancestral property, notional partition is to be effected allotting deceased a share, his legally wedded wife and his legitimate children who are coparceners each a share. The deceased share will be divided as his self acquired property as observed above

Rudrawar Narayanreddy (Law Practice)     12 May 2017

On death of father intestate, his self acquired will be go to his legally wedded wife, and to his legitimate and illegitimate children equally. But in the ancestral property, notional partition is to be effected allotting deceased a share, his legally wedded wife and his legitimate children who are coparceners each a share. The deceased share will be divided as his self acquired property as observed above

Kumar Doab (FIN)     12 May 2017

The proeprty that devolves by inheritance may acquire nature of self acquired.

Owner can dispsoe its self acquired property by a valid/registered deed in his/her life time.

The grandmother might have disposed her share.

Obtain certified copy of mutations records with all link docs and show these to a very able counsel  and let your counsel opine:what is what!

 


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