Inheritance
Pardeep
(Querist) 19 May 2012
This query is : Resolved
Hi, I am a UK citizen. My grandfather on my fathes side r's passed and left ancestral unearned property in India. Can I file a claim from the UK or would it require my going to India to do so? My parents are divorced, if the property has already been transferred by my father to his name, do I still have any rights. My understanding is that by Indian law it is to be distributed equally amongst all offspring.
Adv.R.P.Chugh
(Expert) 19 May 2012
Dear Mr.Pradeep,
As per Hindu Law, in ancestral property sons and daughters as well as their offsprings upto 4 degrees have a birth right. You have a right in that ancestral property, which can be culled out by a partition at any time. The fact that your father may get the properties in his own name is of no consequence as the property belongs to the coparcenory (body of persons who have birth right in the property).
You can get the partition suit filed against them through your attorney in India. The suit is to be filed at place where property or any of the property is situated (if more than one)
Feel free to talk !
Guest
(Expert) 19 May 2012
Dear Querist,
Being a coparcener you have a birth right in the ancestral property, which cannot be diminished. The property has to devolve equally on all the coparceners and none can be denied his/her share. You can, therefore, file a partition suit to claim your share.
Personal presence in India for filing the same/during the hearing would not be necessary. Your attorney may represent you.
Regards,
Ashish Davessar
Advocate
Pardeep
(Querist) 19 May 2012
Thank you so much for your advice. Can anyone recommend a good attorney in India in the Punjab area?
Guest
(Expert) 19 May 2012
I am based at Amritsar and handle cases throughout Punjab and also appear in the Punjab and Haryana High Court.
Shonee Kapoor
(Expert) 20 May 2012
I agree with Ld. Chugh and you can meet Ashish or search LCI Directory.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
