Property rights
JC Rao
(Querist) 14 December 2018
This query is : Resolved
Resp, Sir,
We are Having 3 Properties in Hyderabad - Telangana, My Father was a Contractor, He was the Elder Son Among 5 brothers. He Purchased 3 Properties in Hyderabad 2 properties in Name of My Grand Father's Name & 1 Property in Name of Younger Brother.
1.) My Fifth Uncle sold 1 Property which was Purchased by my father in my Uncle's Name to a property dealer in year 1991 at a very low Price, We Filed a Case in High Court Hyderabad against my Uncle, Court Passed Order that This is Joint Family Property my Uncle Can't Sell the Property.
Then they went to Supreme Court, their also Same Order Passed.
@ 2015 my fifth Uncle Expired, Now the Property Dealer with the Help of my Uncle's Children Transfer the other 2 Properties which was in my Grand Fathers Name, Showing that they have 1/4 th Share in Property. Is This Possible Legally ?
2.) My Father Expired & 2 Uncles Also Expired without leaving any Legal Documents (Will) Only 1 Uncle is Alive age about 80 above & we are 3, 1 Brother & 2 Sisters, 1 Am Elder Sister, How Much Share can we Claim in Property ?
3.) Can We Claim that this Property Belongs to my Father, As the Same was Purchased by my Father ?
4.) How Can we Transfer the Property in My Name as of Now my 3 rd uncle was Handling all Court Matters, as i am Staying in Other State.
5.) Pl Guide us how can we Legally Transfer the right in our Name.
T&R
JSV
BAALASUBRAMANNYAMM
(Expert) 14 December 2018
Point No.1: Since both the courts have declared that the property which was purchased by your father in the name of his brother ( Your uncle) is the joint family property, you are( ie., the share of your father) entitled 1/5 th share in the said property.
Point No.2: Also you are (ie., the share of your father) entitled 1/5th share in the other 2 properties which are stands in the name of your grand father. Here each of your uncles have one each share.
Point No.3: You could get your 1/5th share by way of your family internal mutual settlement before mediators/elders. If not, file a Partition Suit before the court for your share.
Kumar Doab
(Expert) 14 December 2018
Which personal law applies in your case?
Are you all Hindu?
The said property is agricultural land, rural, Urban, or it is a building?
Have the deceased i.e. your grandfather, your mother, left any valid WILL?
Confirm!
Kumar Doab
(Expert) 14 December 2018
The court had declared 1 property as joint family property.
Thus your father being a member of joint family has a share in property declared as joint family property.
You have not clarified that your grandfather was alive or not as on date 1/4th share in the property (ies) in the name of grandfather, was transferred? If gransfather was alive he being title holder could dispose whole or part of property whose title was in his name.
As per query your father has 4 brother (him ebing eldest amongst 5 brothers). So how could 1/4th share be transferred.
If your grandfather was NOT alive (as on date 1/4th share in the property (ies) in the name of grandfather, was transferred as per query) then your uncle may not have 1/4th share hence his children may not have 1/4th share.
Until or unless your Grandfather or any other co-sharer transferred his share in the name of deceased uncle and thus increasing his share. If yourdeceased uncle’s share increased to 1/4th by a valid/registered deed then his legal heirs (e.g; children) being legal heir can inherit share of deceased uncle i.e. 1/5th , 1/4th or as the case may be..
Like in case of one property in the name of your uncle, your father or his legal heirs can very well approach court to decide the properties in the name of your grandfather as joint family property.
Otherwise as per suceesion laws as per provisions of personal law that applies in your case; if granafther has deceased without leaving a valid WILL then succession sets in and all legal heirs can inherit their share.
Your father’s share devolves upon his legal heirs.
You being legal heir of your deceased father can claim your share.
Kumar Doab
(Expert) 14 December 2018
Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
If you are all Hindu then you can determine, your share as above.
IT is simple.
Kumar Doab
(Expert) 14 December 2018
The authority under whose jurisdiction property falls 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. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.
IT is simple procedure and any legal heirs can apply for IT.
The cost involved is NIL/negligible.
Kumar Doab
(Expert) 14 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Succession/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
You had a good counsel(s) as per your query who fetched you relief from Lower, Higher, Apex Court.
If you wish you can take help and guidance from same counsel.
