rosali (raipur) 13 January 2018
Kumar Doab (FIN) 13 January 2018
The query is not drafted properly so as to convey a clear message.
Kumar Doab (FIN) 13 January 2018
Impression and Guess;
One may start from mutation records and link docs that can be obtained from O/O Authority under whose jurisdiction property falls....
IN case one is unable to resolve one may entrust to a very able senior LOCAL counsel of unshakable repute and integirty specializing in revenue/property/civil matters and having a successful track record...
rosali (raipur) 13 January 2018
Kumar Doab (FIN) 13 January 2018
Pls redraft your query properly and convey full facts of the matter and query.
rosali (raipur) 13 January 2018
Kumar Doab (FIN) 13 January 2018
Was any nomination made by deceased owner; FIL?
Did society transfer in the name of Nominee?
rosali (raipur) 13 January 2018
rosali (raipur) 13 January 2018
Kumar Doab (FIN) 13 January 2018
The nature of property that devolves by inheritance, WILL, partition is; self acquired.
In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.
In case of Hindu woman the nature and source of property matters.
In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..
If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.
If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.
You can determine the share of each legal heir accordingly.
The process and procedure to get share updated in mutation records is simple.
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. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence), LoA etc are basic requirements.
The authority shall update share as per provisions of personal law that applies in mutation records.
By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner. The only thing remains is partition by boundaries. That may not be possible in case of a Flat.
Kumar Doab (FIN) 13 January 2018
FIL; Father in law.
If FIL ws owner he was having the discretion to nominate, anyone.
Check in O/o Society.
If IT was self earned/acquired property/estate of FIL then daughters also have equal share.
Daughters have share in ancestral property of father as well.
Succession opens as on date of death of owner.
rosali (raipur) 13 January 2018
rosali (raipur) 13 January 2018
rosali (raipur) 13 January 2018
rosali (raipur) 13 January 2018