legal heir
Querist :
Anonymous
(Querist) 10 March 2011
This query is : Resolved
My father passed away recently and left a registered will assigning his self earned property to me . The property was registered in teh names of my father and my brother but all investments were done by my father, taxes paid by him and the income returned in his own name. What happens next in this case. What is the recommended course of action for me with teh properties?
adv. rajeev ( rajoo )
(Expert) 10 March 2011
When property is self acquired property and it is given to you thru., will then you are the absolute owner of that property. But it is in joint name your brother is also has got equal share in that property. Your father had right to transfer his share only.
Querist :
Anonymous
(Querist) 10 March 2011
Thanks for the reply. But the will expressly states that my father acquired the same out of his own money and that my brother has absolutely no right in it....
Guest
(Expert) 10 March 2011
when a self acquired property is given to one son and not to the other than other can challenge that transfer but it is very difficult to prove in the court that there was an ambiguity in that transfer
R.Ramachandran
(Expert) 10 March 2011
Even when the entire money was spent by your father, since the property was registered in the joint names of your father and your brother, your brother is automatically 50% owner of the property.
Therefore, through the will left by your father, you can get only his 50% share in the property. Even this, only if the WILL is probated in your favour without contest from your brother or any other legal heirs.
Ashok Yadav
(Expert) 10 March 2011
Agree with the experts, you will get only 50% share in the property, other 50% share shall remain with your brother as he is absolute owner of that share, it is immaterial that who had spent money on purchase of property.
Querist :
Anonymous
(Querist) 10 March 2011
Thanks for your answers one and all
Guest
(Expert) 10 March 2011
Yes sure, registration deed cannot be falsified merely by the existence of any will, even if the property was acquired by self by your father. A will can be made only for the part of share (50%), as mentioned in the registered deed.
Guest
(Expert) 10 March 2011
Yes sure, registration deed cannot be falsified merely by the existence of any will, even if the property was acquired by self by your father. A will can be made only for the part of share (50%), as mentioned in the registered deed.
Uma parameswaran
(Expert) 10 March 2011
You will get father's share in the joint property.
manoj r. dubey
(Expert) 10 March 2011
if your father has stated in the will that u r the sole owner of the property than probate the will and obtain a succession certificate from the high court
