Rights in ancestral property
Priyanka
(Querist) 31 October 2013
This query is : Resolved
Dear Sir ,
Need support and sanity to pursue further in the issue related to property which is ancestral property ( DADA property
) which was bought in the name of Dadi in year 1971 , Our TAU is living there since beginning 1979 and got the WILL from dadi in their name ,Dadi died in year 2004 and WILL was executed by him in his name in year 2005 ,he has not taken NOC from other family members ,Property is in delhi .
Further in year 2006 he transferred same property in his wife name and wife further transferred half share to his daughters in year 2011 .
Now (Daughter ) has done some collaboration agreement with builder and doing construction .
So I need advice ,how to move ahead 1) Do we have any sanity in case as property and WILL are registered in TAU name and he is not ready to give any share by stating that mother has left WILL in his name and it is already registered in 2005 .
We don't have documents that property bought from ancestral funds as he is earning member since 1961
We are still living in rented accommodation and father is no more , Need suggestions so we can decide .
REGARDS
ABDUL RAZIQUE
(Expert) 01 November 2013
repeated query so no more advice.
R.K Nanda
(Expert) 01 November 2013
repeated query.
Priyanka
(Querist) 06 November 2013
Dear Sir,
Sure we are looking on the options ,But we really need your guidance on the points so that we can decide further Request you to help me on below points ,Thanks & Regards for understanding.
1) WILL was registered with registrar in 1988 and executed in 2005 in name of TAU .
2) How we will prove WILL is invalid
3) This WILL is registered in 1988 ,at that time daughters didn't had the share in father / Mother property
4) Do we have to give any proof for ancestral funds /Ancestral Property
5) As TAU is living separately in that house from year 1979 ,Will he be consider as hindu divided family ,as he has own source of income .
6) Do NOC was required from other family members after death of DADI in Year 2004.
7) Property got Transfer in name of TAU in year 2005 (Dec )
ABDUL RAZIQUE
(Expert) 06 November 2013
1)WILL WAS REGISTERED IN 1988 IN WHOSE FAVOUR? IS WILL EXECUTED IN 2005 IN THE NAME OF TAU? WHO IS/ARE EXECUTOR?
2)WITHOUT KNOWING FACT OF WILL IT IS NOT POSSIBLE TO GIVE PROPER ADVICE.
5) YES YOUR TAU BE CONSIDER AS HDF.
Priyanka
(Querist) 07 November 2013
Hi Abdul Sir,
Reply
1) WILL was in the name of TAU which is registered in registrar office in 1988 ,and DADI died in yr 2004 and mutation happen in name of TAU in yr 2005 .
2) WILL mentioned that dadi is giving property to TAU with absolute owner ship and no other family member is entitled
Sir also ,please help me in understanding below points
3) This WILL is registered in 1988 ,at that time daughters didn't had the share in father / Mother property, as now dadi died in 2004 ( July ) and Property got in name of TAU in yr 2005 ( Dec) ,Do BUA can claim share
4) Do we have to give any proof for ancestral funds /Ancestral Property
6) Do NOC was required from other family members after death of DADI in Year 2004.
Regards
Priyanka
(Querist) 07 November 2013
Reply
1) WILL was in the name of TAU which is registered in registrar office in 1988 ,and DADI died in yr 2004 and mutation happen in name of TAU in yr 2005 .
2) WILL mentioned that dadi is giving property to TAU with absolute owner ship and no other family member is entitled
Sir also ,please help me in understanding below points
3) This WILL is registered in 1988 ,at that time daughters didn't had the share in father / Mother property, as now dadi died in 2004 ( July ) and Property got in name of TAU in yr 2005 ( Dec) ,Do BUA can claim share
4) Do we have to give any proof for ancestral funds /Ancestral Property
6) Do NOC was required from other family members after death of DADI in Year 2004.
Regards
Raj Kumar Makkad
(Expert) 07 November 2013
How all of you have kept silence till valuable 8 years from the date of execution of the will?
Though the property in the hands of your grandmother was her self acquired so she had not to obtain NOC from any person for making her will in the name of any person including your Tauji but will is compulsorily required to be probated in Delhi.
So the only hope remains for all of you is that if the will has been got probated then it is ok otherwise all legal heirs including your buwa ji are also entitled to inherit equal share out of that property.
Obtain the relevant documents and then obtain the help of local lawyer dealing in civil side.
Raj Kumar Makkad
(Expert) 07 November 2013
Such property shall never be called as ancestral property so don't raise your query on those lines. Change the track now.
Priyanka
(Querist) 08 November 2013
Dear Sir,
Got the point that DADI need not to take NOC from other legal hires ,But do TAU were suppose to take NOC form us , Also property got transfer in his name through that WILL and further to his wife.
Some of your colleagues said that probate of WILL is not required in DELHI ,this probate in applicable in case of TAU getting WILL /Property in his name .
Please suggest regards
Priyanka
(Querist) 11 November 2013
Dear Sir Please Suggest,
Got the point that DADI need not to take NOC from other legal hires ,But do TAU were suppose to take NOC form us , Also property got transfer in his name through that WILL and further to his wife.
Some of your colleagues said that probate of WILL is not required in DELHI ,this probate in applicable in case of TAU getting WILL /Property in his name .
Please suggest regards
