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rosali (raipur)     13 January 2018

Hindu family

How do we know the ownwer our property ...like we have seen any documents related to property .....a flat in mumbai cocoperative soc...if any will or gift deed is done or not......how can view the documents......or who were the evidents


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 24 Replies

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

As hindu religion......son herit the property.......if he has support the family ...all his life...how far daughter can ask for rights in such cases....

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

On behalf of my husband and myself....married 28 yrs back.....mumbai flat under my father in laws name in cooperative soc...my husband have 1 elder and 3 younger sisters......my father in law passed 28 years ago immediatly after our marriage...as typical indian mother in law and sister considered me as apshukun......they treated badly as they can...upto as we were separated for 6 yrs...after the birth of my elder daughter....i was at my mothers place..hoping to get better as time passes.....but got worst every time....later we were in bahrain.....me and my husband.....we stayed 15 years...working hard to support mother and sisters....4 marriages of sister....renovating house abt 2 lakhs.....4 times they all came to bahrain...mother was serious abt 20 days...cost upto 5 lakhs....all riti rivaj..of hindu family was all supported by us...monthly expense....in mumbai......was all occured by us...now recently our mother in law said since my daughter have seen poverty in childhood...our property go flat of mumbai...e Will be of 4 daughters...alone .....some lawyers say as looking after mother and sister is moral duty of son.......not to herit property share.... I would raise my voice as here if son and daughter in law is for source of money then......i think there would be more old age homes in futures.....how far is this justifying in case equal property share.....among daughters and son......when daughter are so cruel ....

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

Sir what is FIL .....we dont know if something is done by sisters...all these yrs we never thought .....they used to say its always son who will inherit

rosali (raipur)     13 January 2018

If society nomination is done without our knowledge what can be done.....

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

Such daughter who have ruined the house ....who is just behind money ....who has never spent a penny ....on mother ...or house .... As i concluded.....there will be more oldage home if laws are applicable....

rosali (raipur)     13 January 2018

Atleast i would never ask any daughters....look to look after the mothers in laws.....dharm or sanskar.......ki koi parva na kare......sirf apna socho...kyo ki beta sub dharm palan kare......50 varsh ki ayu ke bad kuchh mile ns mile....vo usja naseeb....kye kaha ka niyam ho sakta he....

rosali (raipur)     13 January 2018

Sir i m 50 years now.....i too have 2 daughters....i nevr thought of them...while supporting mother in law and sisters in law....i lost my karyawar 20 tolas gold....in house...i didnt ask for any share from my father ....i do not get share from my in laws......where is law justifying..in favour of daughters in laws....when daughter in law worked all 18 hours all 28 years.....imagine the brutal hatred in her heart

rosali (raipur)     13 January 2018

how do file my own case in mumbai high court

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