FATHER DIED WITHOUT MAKING WILL
rohit
(Querist) 28 January 2018
This query is : Resolved
Dear Sirs,
My father died on 14dec2017 without making will. Now only legal heirs after him is his son (myself) and my sister who is married. Now, what are the options to distribute his moveable and immoveable between us without any consideration amount.
Guest
(Expert) 28 January 2018
Is your mother alive?
R.Ramachandran
(Expert) 28 January 2018
Whatever properties (immovable or movable) left behind your father has to be divided equally between you and your sister.
R.Ramachandran
(Expert) 28 January 2018
Whatever properties (immovable or movable) left behind your father has to be divided equally between you and your sister.
Vijay Raj Mahajan
(Expert) 28 January 2018
A Hindu who dies intestate, namely without making a Will, his properties/estates devolves to his class 1 or class 2 heirs as provided under the Hindu Succession Act,1956. In your case the class 1 heirs will get one share each. The class 1 heirs in your case is your mother, the widow of your father, you the son and the daughter. Each of you are the legal heirs getting one share each in all his properties as he died without making a Will.
ashok kumar singh
(Expert) 28 January 2018
the Legal heirs and successors of the deceased should get equal shares in the immovable and movable properties, so far in terms of the provisions of the Hindu Succession Act 1956, in the event if there is no WILL of the deceased, so far.
Kumar Doab
(Expert) 28 January 2018
It is believed that you are all Hindu.
Do you have any other brother, sister that predeceased the owner (Father)?
Was your mother (wife of deceased owner) alive as on date of death of owner (Father)?
Was your paternal grandmother (Mother of your Father) alive as on date of death of owner (Father)?
The nature of estate/property left un-disposed by your father is self earned/acquired, ancestral?
Confirm!
Kumar Doab
(Expert) 28 January 2018
In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. sons, daughters..
The share in ancestral property devolves upon his legal heirs.
In case of Hindu woman the nature and source of property matters.
In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..
If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.
If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.
You can determine the share of each legal heir accordingly and see how and how much gets vested in each legal heir…………………
IT can be either 50% for each i.e. you and your sister or vary as explained above.
Kumar Doab
(Expert) 28 January 2018
The process and procedure to get share updated in mutation records is simple.
The authority under whose jurisdiction property falls say; MC, has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
The authority shall update share as per provisions of WILL/personal law that applies in mutation records.
By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner. The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.
The perspective of amicable settlement for contentious issues ………….if any, by a registered Family settlement deed covering/narrating the WILL in IT is also open, if you wish to opt for IT.
Visit O/o Authority and inquire in person the requirements as per situation at your hands..
Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/Succession/Civil matters of unshakable repute and having successful track record…….for a considered opinion…if the need be.
Guest
(Expert) 28 January 2018
Mr. Kumar Doab at first raised four questions, but could not have the patience to wait for the response of the querist and could not also resist his lust for making 2 vague posts as of merely playing a number game to add scores to his credit.
Would Mr. Kumar change his advice, after receipt of the response to his questions? If not what was the relevance of his questions?
rohit
(Querist) 28 January 2018
My mother died in 2007. Now only me and my married sister left. We are christian, not hindu.dear mr. Jegyasu, there is no lust and no vague post. Both questions are different. Please don't use such language we are already in painful situation. Such language is not expected like you great educated personality.
kavksatyanarayana
(Expert) 28 January 2018
The properties of immovable and movable left behind your father, the 1st class legal heirs i.e. you, your sister and your mother have equal rights if you are Hindu.
Dr J C Vashista
(Expert) 29 January 2018
@ Rohit,
1. You did not mention all relevant facts of your query.
2. What can be presumed by experts from your name "Rohit" that you are a Hindu, accordingly you were obliged.
3. You have not mentioned that you are christian and lost your mother in the year 2007.
4. Mind your language before addressing an expert, they are doing FREE social service, if you are not interested you should (rather must) close your post and consult a local professional prudent lawyer.
Guest
(Expert) 29 January 2018
@Mr. Rohit,
Persons, who aspire for alms should not dictate their terms. By the way, what pinched you when I hinted about the vague posts of Mr. Kumar Doab, a fake expert, who appears at the LCI merely to play a number game?
Why pretend as a genuine querist when all of your posts give clear hint about your academic queries, as already pointed out by Dr. J.C. Vashista in your another thread at:
http://www.lawyersclubindia.com/experts/Complaint-Case-156-3-can-be-carried-forward-by-son-670331.asp
Sudhir Kumar, Advocate
(Expert) 29 January 2018
First you did nto given full facts.
You did not at all mention that you are Christian. Your name is Rohit. Rohit is also one of the names of the Hindu God Vishnu, when he is said to have first arrived on earth as a beautiful red fish. It appears in the Vishnu Sahasranam (विष्णु सहस्रणाम, "1000 names of Vishnu"). Rohit also means a person who leads his family to growth and development (a commonly held belief in Hindu families).[refer https://en.wikipedia.org/wiki/Rohit]
So one is inclined to believe you to be Hindu and governed by Hindu Law.
You can see that Mr Kumar Doab has already made a sincere advise to you. But based on incorrect facts the same may be futile now.
No expert of this forum is parashnashtri astrologer. So they cannot know that what is the composition o family now and none can unilaterally presume sad demise of mother in 2007.
Experts of this forum are making charitable contribution using their own time, net charges and electricity charges sitting on computer on such chilling whether [rather than sitting in blanket and watching movie on TV.
rohit
(Querist) 29 January 2018
I don't know who is Mr.Kumar Doab whom you are saying fake expert. I am from public my name is Rohit Benjamine and raised queries related to my personal matters and trying to get legal opinion only. As LCI is an interactive platform of Lawyers and Public, I raised my queries. May be there is some confusion of identity. I am again clarify I don't have any relation with Mr. Kumar Doab. Now, coming to the language I used is not unrespectful at all and giving free service advice not allowed an expert to write anything to public for no reason. I think Admin of LCI should verify all my post and conversation as well as expert (not all expert) wierd comments on my post and decide whose account to be blocked. Thanks
rohit
(Querist) 29 January 2018
Dear Experts, sorry that I haven't mentioned full details in my queries. I really appreciate the social cause made by experts by giving free advice. But, I again want to clarify that I haven't used any unrespectful language. thanks
Guest
(Expert) 31 January 2018
Mr. Rohit,
Your statements are quite unbelievable. Pretensions can very well be identified by the experts. Probably, you have some very wrong impression about the experts thinking as if they cannot smell your lame excuses.
Guest
(Expert) 31 January 2018
@ Mr. Rohit,
What a great excuse, when you say, "I don't know who is Mr.Kumar Doab whom you are saying fake expert? " You could read name of "Jigyasu" and other experts, responded to the query of Mr. Kumar Doab about your religion and stated yourself being a Christian, could also retort in the name of Mr. Kumar Doab, when my post was aimed at his three vague posts of Mr. Kumar Doab, can anybody believe that you don't know whio is Kumar Doab?
Mr. Rohit, if some querist thinks the experts as if idiots, it is for him to think ten times about himself of which grade he can be, if he asks his question to his assumed idiots.
Your so far raised questions clearly revealed that you have always been asking merely academic questions, not about any personal problems.
Vijay Raj Mahajan
(Expert) 31 January 2018
@ Mr. Rohit,
First of all you ask questions from experts with half information about yourself, your religion etc. Let me make very clear to you and people like you whoever read this in network, in India there is no common civil code or common civil law which will apply to all people of India irrespective of their religion and for people of different religion there are different laws with regard to marriage, divorce, inheritance etc. based on the religion of the person. By not disclosing the religion you belong, you not only waste precious time of the experts but make mockery of the seniors reading and replying your questions.
For Christians living in India the succession law is provided under the Indian Succession Act,1925 and not under the Hindu Succession Act,1956.
Secondly you did not disclose about your mother, whether she is alive or not as you mentioned about yourself and your married sister only. In law of succession for Christians the share of the widow cannot be ignored. Thirdly the deceased father died intestate namely without making any Will, so the property both movable as immovable will be shared according to section 33 of the Indian Succession Act,1925, the widow gets 1/3 of his property and remaining 2/3 shall go to his lineal descents , which is his children who will share it amongst themselves in equal parts.
Kumar Doab
(Expert) 31 January 2018
Everyone i.e. LCI Admin, Querist, all Experts except IT=@PSD also (IT=@PSD that as done IT knows IT and won’t deny and feign), that have posted in this thread, and all readers also have recorded that;
IT=@PSD from ID;
http://www.lawyersclubindia.com/experts/experts_profile.asp?member_id=98620
This fake ID of IT=@PSD has copying and pasting of photo an entity advertising a very old and sick individual
From this one of the multiple fake ID’s of IT=@PSD at post number 19 in this thread i.e. after 1st query by querist, IT=@PSD ; 1st time posted the following unmodified message that stands in the thread as of now;
“@ Mr. Rohit, What a great excuse, when you say, "I don't know who is Mr.Kumar Doab whom you are saying fake expert? " You could read name of "Jigyasu" and other experts, responded to the query of Mr. Kumar Doab about your religion and stated yourself being a Christian, could also retort in the name of Mr. Kumar Doab, when my post was aimed at his three vague posts of Mr. Kumar Doab, can anybody believe that you don't know whio is Kumar Doab? Mr. Rohit, if some querist thinks the experts as if idiots, it is for him to think ten times about himself of which grade he can be, if he asks his question to his assumed idiots. Your so far raised questions clearly revealed that you have always been asking merely academic questions, not about any personal problems.”
Thereafter IT=@PSD posted from IT’s=@PSD’s another fake ID termed ‘JIGYASU’
http://www.lawyersclubindia.com/experts/experts_profile.asp?member_id=389278
at post number 20 from top i.e. after 1st query by querist the following unmodified ( so far) message that stands in the thread as of now ;
“Mr. Rohit, Your statements are quite unbelievable. Pretensions can very well be identified by the experts. Probably, you have some very wrong impression about the experts thinking as if they cannot smell your lame excuses.”
Then having realized that post number 19 was to be posted from IT’s=@PSD’s another fake ID termed ‘JIGYASU’ ………………………..and post number 20 was to be posted from IT’s=@PSD’s another fake ID termed Dhingra, 1962dcg@gmail.com
Modified and posted 19th and 20th unmodified ( so far) message that stand in the thread as of now….
AS simple as that IT=@@PSD interchanged the 19th and 20th posts ; unmodified ( so far) message that stand in the thread as of now….amongst IT’s=@PSD’s two of IT’s=@PSD’s multiple fake ID’s………..
IT=@PSD is = Dhingra, 1962dcg@gmail.com=‘JIGYASU’= Perfect Soloutions=Guest= many more multiple fake ID’s from which IT=@PSD has been littering IT’s=@PSD’s TRADEMARK TAMASHAA (IT’s own admission) nuisance, sarcasm, abuse from day 1 under all multiple fake ID’s………….
Everyone knows IT....that IT=@PSD has littering from multiple fake ID'...
Kumar Doab
(Expert) 31 January 2018
Dear LCI Querist @ Mr. Rohit,
You don't need to pay any consideration to anyone and don't need a Lawyer ..
Just follow the simple process that has been explained to you in my previous posts...
Guest
(Expert) 31 January 2018
After all Mr. Kumar Doab appeared on the scene to demonstrate the state of his unsound mind with his two more vague and irrelevant posts by copy pasting my posts.
Now Mr. Rohit would be able to know Mr. Kumar Doab very closely.
Guest
(Expert) 31 January 2018
After all Mr. Kumar Doab appeared on the scene to demonstrate the state of his unsound mind with his two more vague and irrelevant posts by copy pasting my posts.
Now Mr. Rohit would be able to know Mr. Kumar Doab very closely.
