Vikas 20 April 2018

fathers property share rights after fathers death

Dear Experts, My parents had a bungalow and were having each 50 percent joint ownership share.my mother as per her will disposed off her half share in my youngest brothers name she passed away in year 2002,my father on the other hand didn't make any will and he passed away few years back,till date the property card shows the property as being owned by my youngest brother and the other half bears my fathers name.even the property tax shows my fathers name and my youngest brothers name we are total 6 brothers,can i alone put my name in the property as i have taken care of my father all his life and i was staying with my father along with my wife and children ,my other brothers are being greedy and want to claim my fathers property in which i am currently living,i have no other property in my name,whereas my other brothers have other properties such as flats in their name,one brother has even gifted his flat to his daughter,so as he can put a claim in my fathers bungalow stating he has no other property,and his daughter is not taking care of him. what r my options to get the fathers 50 percent share in property in my name ,as other 50 percent my brother has already got in his name as per my mothers will. how can i keep other brothers away from the property and only me and my youngest brother are safe guarded.

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8 Replies

Siddharth Jain 20 April 2018

Sadly, you can't get all of it. The property will do all the Legal heirs of your father is equal proportions, as per law. You can surely get all of it, if you convince all the legal heirs (including your brother who has 50 %) to sign a relinquishment deed in your favour, then you can get the estate of your father.

Kumar Doab (FIN) 20 April 2018

Which personal law applies in your case?

Or are you all Hindu?

The property is in which state at which location?

IT was self earned/acquired/absolute in the hands of your mother and self earned/acquired in the hands of your father?

Confirm!

Kumar Doab (FIN) 20 April 2018

Succession opens on date of death by: Inheritance, Testamentary Succession.

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

It is not mandatory to probate the WILL in other areas. 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 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.

You must have checked locally and complied 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 copy of updated mutation records can be obtained.

You have posted that you have the record that shows ownership in the name of beneficiary of WILL i..e your brother…

Apparently the WILL is duly acted upon without any cloud on IT.

Isn't IT!

Kumar Doab (FIN) 20 April 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.

Thus the co-sharers in said property ( 50%-bequeathed to your brother and transferred in his name) is to be shared by legal heirs of your father….

You can buy their share or they can dispose in your favor by a valid/registered deed e.g; release/transfer/relinquishment/sale/gift/ settlement etc etc…

The expenses incurred on welfare and maintenance of parents may be shared by all sons, daughters….

Amicable settlement on such private matter is suggested..

Vikas 20 April 2018

Dear Sir, property is in pimpri(Pune) maharashtra state,yes we all are hindus,the property was self acquired by my parents

Kumar Doab (FIN) 20 April 2018

Self acquired property can be disposed by valid WILL..that is to be acted upon without any cloud on IT and as per your post seems to have been acted upon.

In case of share of father who deceased without disposing his share;;his share devolves equaly upon his ClassI legal heirs................Mother(if alive as on date of death), wife (if alive as on date of death), , sons ,daughters..

Try to resolve amicably...

Other Co-sharers may agree to dispose in your favor and share the expenses cited by you..