am i get my property

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

IT applies to everyone….

You could have consulted before investing your self earned/acquired money before investing in building on land that does not belong to you.

Which personal law applies in your case?

Or are you all Hindu?

The said (whole) property is agricultural land, rural, Urban, or it is a building?

Have the deceased i.e. your father left any valid WILL?

Or did your father sign any gift/sale/transfer/release/settlement deed etc in your or anyone’s favor in his life?

Is this property self earned/acquired or ancestral in the hands of your father?

Whats is date/month/year of death of your father?

What is stated in divorce decree of your father about share to your mother or right to residence etc etc?

Confirm!

 

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 ie.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..

It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

It is not mandatory to probate the WILL in the area of Delhi. It is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

 

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.

 

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

 

If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong IF the WILL exists.

Check locally and comply with procedure.

So if possible amicably take the share of land on which you have built in your share (by boundaries)…by negotiations/persuasion/persistence/reasoning…..and register the partition/family settlement deed.

This can be quickest, easiest recourse..

 

Or approach your own very able senior  LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters  and well versed with latest citations, LOCAL applicable rules/laws/revenue codes … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc

Check at LOCAL civil courts/HC for such counsels..

Or agree to terms of your family and register deed ….

You may decide as deemed fit to you at your end.

case registered on 2008, my father passed away on 2014, I have built a house on 2016, my father haven't prepared will & sale. it is agricultural Land, my mother residing at our father house, before my father was paying maintainance as per court decree. after my father passed away we are not paying anything & she didn't put a case against us due to some reasons & she is getting rent from our some part of house.we are not staying there. so before we had small shed for living. after I joined to a Job. I have started to save & built a house recently.please suggest me may I get this house bec I built this by my earnings.

we are Hindu

Either by amicable settlement (best recourse) 

 

or thru court ( on facts and merits) 

 

as already explained above..

The above is as per provisions applicable to Hindu's.