Father died intestate
Saraswati Brahmne
(Querist) 25 May 2014
This query is : Resolved
My father died without making any nomination.But he made holograh will which mention that father wants the flat to transfer in both daughters name and mother name. now mother wants the flat in Mumbai(only property) in her name and does not want to give flat to any child. she wants flat in her own name only. can the children get the share in flat? flat in not ancestral. owned by father. secondly society is not transferring flat to mother's name.
Thanks
saraswati
Advocate M.Bhadra
(Expert) 25 May 2014
The property of a Hindu male dying intestate, or without a will, would be given first within Class I legal heirs.Your mother has proportionate share,not absolute and children have also right over the property.
Saraswati Brahmne
(Querist) 25 May 2014
But he made holograh will which mention that father wants the flat to transfer in both daughters name and mother name.
Anirudh
(Expert) 25 May 2014
I hope the will was attested by witnesses. In that case, please make a claim for probate of the will and get your property as per the bequest.
Rajendra K Goyal
(Expert) 25 May 2014
The so called holograh will should be got probated for its applicability.
Devajyoti Barman
(Expert) 25 May 2014
Both the daughters and the mother have equal share in the flat.
R.V.RAO
(Expert) 26 May 2014
sri anirudh ji is right. a will to be legally valid should be made without force or coercion and 2 witnesses must have signed in the presence of the author of will.
a will needs to be probated or certified to be true by a court of competent jurisdiction.
in the present case, the will needs to be probated, after which the dictates of the author of will , will be implemented.
K.K.Ganguly
(Expert) 26 May 2014
1. Even without the said Will, the mother and the two daughters will equally inherit his property if there is no other legal heirs, as per Hindu Marriage act,
2. Your mother can not claim absolute ownership of the said property.
ajay sethi
(Expert) 26 May 2014
apply for probate before bombay HC . flat cannot be transferred in name of mother only. forward copy of will to society . the society will insist on probate of the will and not transfer flat in name of mother only . i do hope that will has been attested by 2 witnesses
Raj Kumar Makkad
(Expert) 26 May 2014
I have also similar opinion as expressed by Ld. experts.
Dr J C Vashista
(Expert) 27 May 2014
I agree with experts, apply for a probate all three have equal share, Mr. Anirudh is right.
Saraswati Brahmne
(Querist) 27 May 2014
Thanks to all for the reply. i wan to clear further that will is written on plane paper but it is not registered
Devajyoti Barman
(Expert) 27 May 2014
Unregistered Will is very much valid if properly executed including attestation by 2 witnesses.
T. Kalaiselvan, Advocate
(Expert) 29 May 2014
The Will whether written on a plain paper, registered or unregistered but witnessed by two witnesses is a valid document, now this Will should be probated by a court of law to make it operative, consult a local lawyer and proceed.
Saraswati Brahmne
(Querist) 03 August 2014
hello sir, we are living in a society which is a harijan society and maximum are schedule caste people . but the general people living in the society are harassing sc people by all means . saying bad words,tonting on caste etc. we have lodged complaint in the area police staion regarding this but full police station has been given money by this general people. Inspector also is corrupted. we don't know whom to approach to make this complaint about this. we are harassed .plz guide us . i hv heard of atrocasy act but don't know how we will get justice. we want to punish this people
K.K.Ganguly
(Expert) 03 August 2014
1. This is a different query,
2. Open a seperate thread for this query.
T. Kalaiselvan, Advocate
(Expert) 03 August 2014
The latest issue to be tackled by all those affected joining together and make a representation before the law enforcing authority, if the police is not effective and reliable, the district administrative authorities/social protection officer may be approached with representation made by all together to contain the atrocious behavior of the fellow members of the society. Unite and fight, see you get a relief.
Raj Kumar Makkad
(Expert) 03 August 2014
File a complaint before local magistrate under section 200 of Criminal Procedure Code.
