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Sandeep Arora   11 August 2015

Deceased immovable property transfer in case of no will

First of all. Greetings of the day!!!

I am a law student of 2nd Year, doing LLB. My Name is Sandeep Arora. Faridaabd Haryana

 

Case Details:

This is querry regarding the immovable property of my father, who died in  March1999. Having no will. He had a house property in his name yet. My mother and 1 sister and  we 3 brothers are there (including me) who are Class I heirs of my father.

My mother is staying at the house with my eldest brother (Who is unmarried) in a 3/4th portion of the house, and in the other 1/3rd portion My Second brother is staying with his family (His wife, two daughters, one son).I am not staying in that house after I got married, I am staying in my own house which is located in the another locality. I have my  family (My wife, Two daughters)

My mother is not good at health, she is 73 yrs old diabetic patient. my second brother who is married never take care of my mother and unmarried brother. My sister-in-law (Bhabhi) never gives her food or even a glass of water. They took the 1/3 possession of the house from my mother in good faith and made their separate entry & arrangements. Now they do not give her food or any health services or care.

Now, My mother want to sell this house and want to distribute money in the 5 equal shares. How can it will be possible, plz advise. She got confused, when my second brother says that full property goes to my son because he is the only one who has the legal right on his grand father's property.

Plz advise.

Waiting for the valuable response,

 

Thanks



Learning

 6 Replies

Bharatkumar (ADVOCATE )     11 August 2015

You 5 (five) Members are legal heirs as per law and you all equal right in this property and if your mother like to sale this property she is not sale because all members sign necessary for that. if any one member of family like to purchase she sale her part OR registration a Release Deed in favour of any member and transfer her right to him/her/them

Sandeep Arora   11 August 2015

First of all thank a lot Sir.

Some time ago, I took an advice from a lawyer, he told me that a decree suit will be filed and property title transfer will ordered in my mother's name, then she will be a sole owner of the property and can sell full portion. Is there a way to do so??

Sandeep

Kumar Doab (FIN)     11 August 2015

It is believed that you are all Hindu.

First of all you should determine the property left by your father is : self Acquired or ancestral.

 ClassI legal heirs are present shall have equal right.

After amendment to Hindu Succession Act 2005, married daughters are at par with sons to share the proeprty of their parents.

The father has deceased in 1999. Thus the succession has opened in 1999.

The property of deceased father shall devolve upon ClassI legal heirs as per rules applicable in 1999.

You may check the procedure of transfer of property in the names of all ClassI legal heirs from authority under which the house falls e.g. HUDA/MC.

Usually anyone can obtain legal heir certificate from local SRO/Tehsildar office  by giving an affidavit and alongwith death certificate the legal heir certificate can be deopsited to transfer the property in the names of legal heirs and obtain the updated mutation record.

 

Thereafter partition of the property by amicable family settlement (Registered) or thru court is one of the options.......................If required appeal can be filed so that no one is able to allienate the property.

 

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Sandeep Arora   11 August 2015

Thx a Lot Kumar Saheb..

Subash M R (Advocate)     11 August 2015

The property of a male Hindu(assuming) dying intestate shall devolve firstly upon heirs specified in Class 1,such as son,daughter widow,etc.So,your deceased father's property to be devided into 1/5 and one share shall go to the second brother who dying intestated his share to be devided into 1/4 and so,his son is only entitled get one share out of his father's one share of property legally.Thus the claim of your second brother about your father's property to his son is absolutely wrong.     

Thanking you,

Sandeep Arora   12 August 2015

Thx a lot to guide me Subash Saheb

Sandeep


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