Dear friends I have a comprehensive question for all of you regarding the ancestral property (plot of land) off my family. The case is as follows; there are many permutations and combinations to this issue so kindly ask for any clarifications that you may require to give me an objective opinion on the issue. Facts of the case are:
1. This property situated in Pune district was purchased by my grandfather upon whose death around 1990 it was transferred to my grandmother who is still living. it has Dilapidated structure on it which can be made fit for living with few minor repairs
2. They were survived by 3 sons and one daughter, one of the sons being my father.
3. However the terms and exact documentation of the transfer is not available to me as the grandmother being uneducated and fearfull is not even ready to show the documents to anyone. ;-) my hunch is that percentage shares for all sons and daughters may have been specified therein. Hence both scenarios need to be accounted for
4. My father sadly passed away intestate a year ago so will his status be that of pre deceased son?
The issues before me are listed below.
1. What are the rights of my fathers sister in case we sell the property and what share if any must be given to her?
2. What are her rights in case we decide to demolish existing structure and build the plot into a farmhouse etc. For the record I will state that her husband is demanding 25% of fsi if we decide to build it, as in reserve a room etc and similar share of sale proceeds if we decide to sell it. Is the claim for 25 fsi in case of bldg the plot legally valid? Is her noc reqd if we decide to build or repair the existing structure?
3. What are my rights in the property? As per my limited understanding of Hindu succession act I'm automatically entitled to my fathers share therein if any. Kindly confirm. However I will be applying for a succession certificate and in that case should I be mentioning my fathers share in the petition? How would this be different if my father made a will specifically refrring to whether share in ancestral property can be inherited by will and if yes then in my hands will it be ancestral property or self created? How would this change if my fathers share is not mentioned and property is solely on grandmothers name? Then is it that property will be divided as per her will because as per my understanding Hindu succession act applies only if person dies intestate right?
big dilemma friends. kindly clarify if possible in both scenarios 1) if property is 100% in grandmothers name 2) if property is equally in grandmother and 4 siblings name.
thank you
