Kishore 24 June 2018

Received Legal notice. But the person is no more

My father bought a home from his own brother during 1993. Now my father & Uncle both got passed away. later we've transferred the property on my mother's name & we've sold out 3 months back to some other person. Now my uncle's daughter sent a legal notice to us mentioning she will also get share on property.My uncle is having 3 daughters only & no sons.

thing is that it's not a ancestors property & also they have legal notice on my father's name who is no more.

my query is do I/mother need to respond to that notice? Bcoz they didn't send on our names right. pls help on this how to proceed further ?

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5 Replies

Avijit Dikshit 25 June 2018

there is no need to respond now but this notice means that she is going to file a civil case in court. you will have to reply to that once court issues notice on her case and prove that the property is self acquired and not ancestral. you will have to hire a lawyer for that.

Regards
Avijit Diksh*t
9650481199

Kishore 25 June 2018

Thanks for the reply. If court sends notice on my father's name. Do I need to attend where my father is no more.

Aks 21 July 2018

Why should Mr A respond to a legal notice sent to Mr B ?? NO...You DO NOT need to respond to legal notice which is not sent to your name. As for future..dont worry...cross the bridge when you reach there.

Suri.Sravan Kumar (senior) 07 November 2018

There is nothing wrong in sending reply to a legal notice. Filing case on a dead person or sending notice on a dead person is not valid in the eye of law.

1 Like

Suhail suhail (LAWYER) 31 January 2019

Fisrt of all; If the Notice was in your father's name and you received it means you got the knowledge about the dispute of right. Had you returned the Notice with statement that the Person is dead already then you had no obligation to respond. Anyway you must submit the reply the Notice through some senior lawyer dening any of such rights catagorically.

It appears from your query that property belonged to your Uncle and your father had purchased from his brother. If there is a regesterd sale deed in your fathers name then you need not worry a bit ,just ignore any damn thing. But if your father has purchsed without any documents then you have to establish the right in the court and it can raise a dispute. Though the fact is your uncle has sold his absolute rights during his life time that means the daughtes cannot claim from you their rights now.

However if your father has bonafiedly purchsed the property then you don,t need to worry. It is just greed that makes some people to create discomfort to others.