Legal heir
Sunny
(Querist) 07 January 2014
This query is : Resolved
Hi,
We are basically two brothers from faridabad.
Our qerry is one of our family property is in the name of our mother and our mother passed away in 2004 without a will.
I want to know
1)As per law who will be the legal heir of this property.
2)legally can we sell this propery on the basis of mother's conveyance deed.
3)or Can we trf the title of this property in our name without involving our father.(As on date our father is now engaged with other woman and this is his 8th marriage post 2004)
Urgently need your advice on this as we need to save our mother property.
ajay sethi
(Expert) 07 January 2014
you have to first transfer property in name of legal heirs . obtain letters of administration from court or succession certificate .both sons are class one heirs to property .
Sunny
(Querist) 07 January 2014
Is trf can be done without father consent or involvance??
Do also advice does our father have any legal right in our mother's property.
Kumar Doab
(Expert) 07 January 2014
Mr. Sethi has guided you appropriately.
The property of a female Hindu dying without WILL shall be distributed according to the rules set out as following -
1. Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
2. Secondly, upon the heirs of the husband ;
3. Thirdly, upon the mother and father;
4. Fourthly, upon the heirs of the father; and
5. Lastly, upon the heirs of the mother .
>> If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters.
If the property came to your mother from the side of her parents in such a case you and your brother shall have right on the property.
>> If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters.
If the property came to your mother from the side of her husband in such a case you and your brother shall have right on the property along with your father.
You may approach a local lawyer.
Your father can not gain more than his share in the property.
You can convince your father to get his share and be happy.
If the matter goes to court then the court shall partition it amongst legal heir.
Other questions that you might have you may sit with your lawyer and learn in person.
R.K Nanda
(Expert) 07 January 2014
nothing to add more.
Rajendra K Goyal
(Expert) 07 January 2014
Well advised by the experts, agree to it.
