Will
Vishal
(Querist) 31 May 2017
This query is : Resolved
Respected sir,
Sir mere dada g four brothers and one sister hai. mere pardada gi expire ho chuke hai or meri pardadi gi bii expire ho chuke hai. mere pardada gi 1990-1995 in between expire huye the par unhone koi bi will ni ki thi jabki meri pardaadi g ek vaseeyat karke gye hai. saari property mere chote daada gi ke naam pe kare di jaye. jabki poori umar chote dada gi ne hi unko khaya hai.
kya ye vaseeyat ka koi matlab hai kyuki pardaada gi ne koi bi will nhi ki thi,,,
Kumar Doab
(Expert) 31 May 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 31 May 2017
Agreeing with Mr. Jeevan Patil.
Who was original owner of property: Great Grandfather or Great Grand Mother?
If the title of the property was in name of Great Grand Mother then from whom (which source) she got the property: her parents, her Husband, or it was self acquired/earned/absolute in her hands?
Was this property self acquired/ancestral in the hands of owner?
What is the date/month/year of death of owner?
The property is rural/urban/agriculture land?
The property is in which state?
Is the said WILL registered?
Has the said WILL been acted upon without any cloud on it?
Kumar Doab
(Expert) 31 May 2017
The succession opens on Date of death of owner.
Legal heirs/successors have share immediately after death of owner.
Kumar Doab
(Expert) 31 May 2017
IN case of Hindu male dying without disposing hi property in his life time by a valid/registered deed; The 1st right is of ClassI legal heirs: Mother (if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……………… They shall share equally.
Obtain mutation records, with all link documents ( say WILL) from O/o Authority under whose jurisdiction property falls…………………The concerned revenue official say Patwaari may provide it and all details………………….or our location may have Citizens Convenience Center………..Computerized record center.
This record can help you to understand who was owner, the nature of property………….
The death certificates of deceased owner, legal heirs, and Legal Heir certificates would be required to record the inheritance in mutation records.
Kumar Doab
(Expert) 31 May 2017
The procedure/forms in such simple matters of Inheritance (Intestate Succession) are usually available at website of authority and in office.
The procedure/forms in such matters of WILL (Testate Succession) are usually available at website of authority and in office.
Kumar Doab
(Expert) 31 May 2017
In case Great Grand Mother was not original owner then she could dispose only upto her share by a valid WILL and WILL has to be acted upon without any cloud on it.
The authority might have a procedure to ask for NOC from all legal heirs and/or release newspaper advertisement inviting objections, or write to all legal heirs inviting to submit objections in fixed time……………….and may record ownership in the name of beneficiary ( as in WILL) if NO Objections are received or all legal heirs have signed NOC…………..
Kumar Doab
(Expert) 31 May 2017
Did you father sign NOC?
Have you seen the WILL and NOC of your father?
If (assuming) the WILL by Great Grand Mother does not exist then her share shall devolve firstly upon her sons and daughters……….
Or If (assuming) the WILL by Great Grand Mother is not valid then her share shall devolve firstly upon her sons and daughters……….
Kumar Doab
(Expert) 31 May 2017
Or If (assuming) the WILL by Great Grand Mother has not been duly acted upon without any cloud on it…………….then all of her legal heirs can either give NOC or contest the WILL.
If contested the WILL may land up in Probate Court of pecuniary jurisdiction and probate court shall decide the matter of succession of her share.
Rest of property goes to other legal heirs/successors as per succession laws that apply in your case.
Kumar Doab
(Expert) 31 May 2017
If Great Grand Mother was original owner of the property and nit was her, self acquired/earned/absolute property then she could dispose it in her life time by a valid WILL. If the said WILL left by her is valid then the beneficiary alone shall get whole property.
Her legal heirs, if they want can contest the WILL.
Any WILL can be contested.
Kumar Doab
(Expert) 31 May 2017
Get all docs/mutation record as suggested above.
The revenue official say: Patwaari can also hint to you the property is Pushtaini ( Ancestral) or not!
Kumar Doab
(Expert) 31 May 2017
If you are unable to resolve on your own then: Inquire in person locally for very able senior counsels of unshakable repute and integrity that specialize in revenue matters, at courts complex, at location of property/your location.
Few counsels in each city specialize in it. They are very well known.
This is the best you can do.
Your local colleagues, well wishers, DBA officials, unions etc etc and can also guide and help you to a very able senior counsels of unshakable repute and integrity that specialize in revenue matters.
Your counsel can help you to get all papers, examine, and opine on options, remedies, merits……………..
Your counsel can also help you get your name (ownership by inheritance: if applicable) entered in mutation records.
Rajendra K Goyal
(Expert) 31 May 2017
The property of pardada would be inherited by all legal hers including pardadi.
Pardadi can bequeath her share in the property.
Any legal heir can file suit for partition.
