Distribution of property after death, if there is no Will

DISTRIBUTION OF PROPERTY AMONG CLASS I HEIRS

Distribution of property after death, if there is no Will

The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs. But what if there are more than one Class I heirs among whom the property of the deceased devolves? What rules are to be followed in such devolution. Section 10 of the Act lays down the rules to be followed in such cases. Section 10 provides as under:

Distribution  of  property  among  heirs in  class  I  of  the Schedule:  The  property  of an intestate shall be  divided  among  the heirs  in  class I of the Schedule in accordance  with  the  following rules:-
 
           Rule  1.-The intestate’s widow, or if there are more  widows than one, all the widows together, shall take one  share.
 
           Rule 2.-The  surviving sons and daughters and the mother  of  the intestate shall each take one share.


 
           Rule 3.-The heirs in the branch of each pre-deceased son  or   each  pre-deceased  daughter  of  the  intestate  shall  take between them one share.
 
           Rule 4.-The  distribution of the share referred to  in  Rule 3-
 
               (i)   among  the heirs in the branch of the  pre-decease  son  shall  be  so  made  that  his  widow  (or   widows together),  and  the surviving sons  and  daughters  get  equal portions ; and the branch of his pre-deceased sons gets the same portion;
 
                (ii) among  the heirs in the branch of the pre-deceased  daughter  shall be so made that the surviving  sons  and  daughters get equal portions.
Rule 1:   The intestate’s widow, or if there are more  widows  than one, all the widows together, shall take one share.

Suppose A, a Hindu, dying intestate at the time of his death is survived by two windows and a son. A was the owner of one house. Now as per the rule, heirs in Class I shall take the property simultaneously and to the exclusion of all others. And in the above case all are Class I heirs. But two of them are widows of A. Therefore, as per the provisions of Rule 1 of section 10, both the widows of A shall take one-half share in the house of A and the other half shall go to A’s son. Hence the property of A by virtue of the above rule would be divided in only two parts and not three as all the widows together are entitled to only one part by virtue of Rule 1 of section 10. However, among themselves, both the widows shall inherit equally and one-half of the portion of A’s house that they are entitled to shall be divided equally among them. Therefore share of A’s son in A’s house upon A’s death shall be one-half while the share of each widow of A shall be one-fourth.
Similarly if in the above example A is survived by three widows and three sons, the house of A upon A’s death shall be divided in four equal parts. Three parts, i.e. one part each shall be inherited by each son while the fourth part shall be inherited equally by the three widows.

However, if at the time of A’s death he is survived by only two widows, both of them shall inherit the house of A equally, i.e. both of them shall be entitled to one-half share, there being no other Class I heir.

Rule 2:  The  surviving sons and daughters and the mother  of  the intestate shall each take one share.

A, a Hindu male dies intestate and is survived by his mother, two widows, two sons and two daughters. Now reading both Rule 1 and Rule 2 together, it becomes clear that the property of A shall be divided in 6 parts. Each daughter shall inherit one part. So shall each son. There being two sons and two daughters surviving A, each shall inherit one part. Hence, four parts of the property shall be distributed among A‘s four sons and daughters. Of the remaining two parts, A’s mother alone shall be entitled to one part and by virtue of Rule 1, both the widows of A shall be together entitled to one part.

Rule 3:  The heirs in the branch of each pre-deceased son  or each  pre-deceased  daughter  of  the  intestate  shall  take between them one share.

A, a Hindu male dying intestate, is survived by one widow, one son, one daughter and two grandsons from one predeceased son, i.e. a son who had already expired at the time of A’s death. Now A’s widow shall take one share of A’s property. One share each shall be taken by A’s surviving son and daughter. As far as A’s grandsons are concerned, by virtue of Rule 3, they shall together take one share as they are the heirs of A’s predeceased son. Therefore, A’s property on his death shall be divided in 4 parts. The one part inherited by A’s two grandsons from a predeceased son shall be divided equally among them. Here it may be mentioned that the position of the heirs of the deceased’s predeceased sons is similar to the deceased’s widows. Deceased’s widows, irrespective of their number are entitled to only one share in the property of the deceased. Similarly irrespective of the number of Class I heirs of a predeceased son of a deceased, they all together take one share. Here even if the widow of A’s predeceased son was alive, even then she would have inherited together with her two sons only one part of A’s property.

Rule 4 (i):    The  distribution of the share referred to  in  Rule 3-

(i)   among  the heirs in the branch of the  pre-decease  son  shall  be  so  made  that  his  widow  (or   widows together),  and  the surviving sons  and  daughters  get  equal portions ; and the branch of his pre-deceased sons  gets the same portion;

 (ii)            [Explained in next point]

Rule 4(i) deals with distribution of the share that the branch of a deceased’s predeceased son is entitled to on the deceased’s death. As mentioned above, the branch of the predeceased son of a male Hindu dying intestate gets one share in the deceased’s property. That one share is to be distributed among the heirs of that predeceased son in accordance with this Rule.
Thus if A’s predeceased son had two widows and two sons, then at the time of A’s death, they all together would have inherited just one part of A’s property. Among themselves however, the distribution of this one share shall be made in accordance with this rule. Hence the one part that they have inherited shall be divided in three equal parts – one part each to the two sons of A’s predeceased son and one part to the two widows of A’s predeceased son. Here if A’s predeceased son say B, had along with his two widows and two sons also got another son C who had already predeceased B and on his death was survived by one widow and one son, then the one part of A’s property that B’s branch inherits shall be divided into 4 parts – one part each to his two surviving sons, one part to his two widows and one part to the branch of his predeceased son C.

Rule 4(ii):

The  distribution of the share referred to  in  Rule 3-

(i)    [Explained in point above]

           (ii) among  the heirs in the branch of the pre-deceased daughter  shall be so made that the surviving  sons  and daughters get equal portions.

This rule deals with the distribution of the share of property of a Hindu male dying intestate that devolves under Rule 3 upon the branch of his predeceased daughter. Now as per Rule 4(ii), this distribution shall be so made that that the surviving sons and daughters of the predeceased daughter get equal portions. Therefore, if A, a Hindu male dying intestate is survived by a widow and a grandson and granddaughter from a predeceased daughter B, then A’s property upon his death shall be divided in two parts- one part to his widow and one part to B’s branch. The part inherited by B’s branch shall be divided equally between B‘s son and daughter.
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Displaying 320 Comments
Have Your Say
  1. Nityananda Murthy says:

    A client of mine is a bachelor. His sister spinster has both movable and immovable property. she has couple of brothers and sister, and all are youngsters to her. She desires to make a will. How the distribution works. Please clarify. It is self acquired property.

  2. rahul sharma says:

    this is a very priceless effort for the advocates and any other who has interest in the legal actually it is the Goldmine for the advocates.Thanks a lot

  3. vinayak soni says:

    can we get your website in Hindi or Gujarati? we want your legal opinion in Hindi or Gujarati, is it possible?

  4. Dear sir I would like to know my quatation as follow.
    Q.1 IN SCHEDULE VILLAGE PROPERTY CAN BE TRANSFER PARTLY TO A MARRIED GIRL(BHRAMIN)?
    Q.2 GIRL MARRIED TO A BRAHMIN BOY.
    Q.3 CONSENT IS GIVEN BY A FAMILY OF GIRL MATERNAL FOR PROPERTY ENROLMENT.
    Q.4 AFTER DETH OF PARENTS THEIR ARE ONLY 2 HIRES(BROTHER & SISTER)BOTH MARRIED

    REGARDS
    SHUKLA S.C

  5. Jastej S (Team Vakilno1) says:

    On what basis do you want to transfer the property. Otherwise, except for the local laws and customs, there is generally no prohibition for transfer of property where the property is self acquired.

  6. R.Lakshmi says:

    My father is a native of kumbakonam. His father died in 1950s. Now my father’s age is 72 years old. My grandfather has only one son and a daughter wherein my aunty had died and their heirs also.My grandfather had a property in kumbakonam in a busy area. He had let it for lease for Rs.1500/ for 50 years. Now that we have no proper papers to prove that he is the only heir of my grandfather but the villagers knew that he is the only son for my grandfather . can you give proper advice to us for getting back our property or some settlement for this. Now that porperty will be around crores of rupees. We do not know how to deal with this matter.

  7. Jastej S (Team Vakilno1) says:

    you can file a suit for the ejectment of the tenant from the premises. Your father can give many proofs regarding his being the legal heir of your grandfather such as Ration Card, Driving license etc. If your grandfather had made a Will then that will also be useful.

  8. S Banerjee says:

    I am a Hindu married woman. My father expired intestate in 2008 leaving behind my widow mother and my two brothers. At the time of his death he had three immovable properties and several movables including bank deposits. My brothers, who live with my mother in the house built by my father, are telling me that my mother has got the privilege and priority to transfer my father’s properties in her own name and subsequently can sell/transfer those too if she desires so. Please advise me if I have got equal right to claim my share of my father’s property and if so under which sections of the law. Further how should I proceed; I live in West Bengal with my husband and my mother and brothers are in Assam. Where should I apply?

  9. Jastej S (Team Vakilno1) says:

    You have equal rights in the property of the deceased and can claim your share of partition and possession as well. The relevant provision of law is ‘Hindu Succession Act’ as amended in 2005. You have to file the case where the property is situated.

  10. Good answer. Please read Hindu Succession (Amendment) Act,2005.

  11. aanil says:

    Self-acquired property owner died without will. At the time of death, the Legal Heirs are Wife, 2 minor Children and Mother.
    No partition /division or registration had effected among the heirs and subsequently mother died.
    Question is…whether the legal heirs of the mother have any rights over the said property
    Please substantiate with authority/case law.

  12. Jastej S (Team Vakilno1) says:

    The mother who has died, even though the property was not divided, then also the share that fell upon her because of the death of her son (owner), would go to her legal heirs as per the Hindu Succession Act.

  13. SHAMIM says:

    i would like to have a draft under MUSLIM SHIA LAW, for DISTRIBUTION OF PROPERTY / INHERITANCE AFTER DEATH.

    As i am a MUSLIM ,& under ISLAMIC SHARIAT, can my father make a will during his lifetime & is that acceptable by Court legally.

  14. this has reference to your reply wherein you have said that the share of deseased mother shall devolve to her legal heirs but tell me one thing that in the act there is no law to transfer the self acquired property held by a male hindu in the name of his brothers/sisters but in case of death of a male hindu his property goes to his mother and spouse/children and on subsequent death of his mother that property is transferred to legal heirs of mother. Should not the property be transferred to remaining surviving class I heirs i.e. between spouse and children only upon the death of a mother.

  15. Jastej S (Team Vakilno1) says:

    Rules of devolution of interest for a deceased male are different than the rules of devolution of interest for a deceased female.

  16. ND says:

    My grandfather have some self-acquired agriculture land. he died without will. my father and uncles and aunts divided the land equally.
    Now my father says me and brothers cannot demand partition in his share, as this is not ancestral land.
    My question is; is the land ancestral or not?
    Do we have any right on the land?

  17. Jastej S (Team Vakilno1) says:

    yes, in my opinion, your father is right. now when the property has been divided, it becomes your father’s self acquired property.

  18. Vinay says:

    Sir, i seek your legal advice in the case mentioned below. ‘A’ acquires some property. He has 5 sons, namely, B,C,D,E & F. ‘A’ dies without making any WILL. ‘D’ is a bachelor. The property is undivided. If ‘D’ makes a WILL that consequent to his death, his share (which is not divided yet) should be given to XYZ. At the time of death of ‘D’ the property is not divided. Whether XYZ are entitled of ‘D’s share consequent to D’s death? since the property has not been divided during the life time of ‘D’, it is felt that ‘D’ s share cannot be given to XYZ and it should be divided between B,C,E & F. Whether i am right or wrong. please assist.

  19. Vinay says:

    Please substantiate with authority/case law

  20. Jastej S (Team Vakilno1) says:

    Till the time the property is not vested, the same cannot be bequeathed either by way of Will or by any other mode. The interest of the coparcenars keeps on fluctuating with the deaths and births. So you are right in saying that ‘D’ could not have made a Will unless the property was divided and thus vested in him.

  21. Jastej S (Team Vakilno1) says:

    For case laws, deep study is needed and therefore you have to avail of customized services.

  22. RARJC says:

    In my will, I would like to mention that some part of my funds should be given to my sister & neices. After death, can my other immediate family members (brother & his wife, my wife and my children) contest this in the courts. I do not want the executor to be going through legal battles in court.

  23. Jastej S (Team Vakilno1) says:

    You cannot stop anyone from filing cases. What you can do is to make very good preparation for you kith and kin to win the cases in case of unnecessary litigation.

  24. RARJC says:

    Hello, Probably you did not understand my question. I want to give some funds to my sister and her children. Can my wife and children, or brother and his wife object to this after my death (by objecting in the courts) in spite of writing it on my will because I do not want the executor to be running around in the courts. I am aware that we cannot stop anyone from filing cases. What I mean is I do not want my own family members to fight among themselves. Is the will final ?? Thanks

  25. Jastej S (Team Vakilno1) says:

    Yes the Will is final so far as your self acquired property is concerned. What i meant by the words “you cannot stop anyone from filing cases” is that, with time relationships changes. One cannot be sure about the human nature. There are thousands of cases wherein after the death of the elder member of the family, the kith and kin takes up fighting in courts for the property. If the property is your self acquired property, then you can bequeath the same to any person of your choice. Your wife and children cannot object to the same, but after your death they cannot be stopped from filing cases in respect of such property. What you can do best is to make a properly drafted Will without any kind of lacunae therein. Kindly get the will drafted from a legal expert.

  26. Yogesh says:

    My relative expired intestate. He did 2nd Marriage after 1st wife expired. He is having 5 children (4 girls & 1 boy)from 1st wife and 2 children( 2 boys) from 2nd wife.
    He is having a immovable property/shop in prime location with 50-50 partnership with his younger brother. Now His brother insisting for 50% from the shop.
    Could you please help us to understand how to distribute this property in this case.

  27. shwetha says:

    Hi , i am shwetha . my grandfather died in th emonth of january 2013. grandfather had two children one son and one daughter . daughter is having two kids. myself and my brother . son is having one son . he has not made any will . grand mother is there. so how will teh property get distributed ????? ..
    my grandfather had put his son n sons wife n son’s son and grandmother out of the house. muyy mummy was taking care of the health of my grandfather .

    but after the death of my grandfather , they came back to grandfathers house and are staying in grandfathers house.

    my grandfather had given the key of the house and the gold he had to my mother . but she gave it back to grandmother after grandfathers death.

    now when we ask the property to b divided they r not willing to give two equal shares. one share to daughter n one to son. Son is taking care of mother .

    so please suggest wats gonna happen ??/

    since they have not taken care grandfather when he was in need , how can they claim his property . tat is his hard earned property

  28. Jastej S (Team Vakilno1) says:

    Where a person dies without leaving a Will, his property is divided in equal shares amongst his children, his widow and his mother. So the property of your grandfather will be divided in equal shares amongst his son, his daughter, his wife and his mother. If your great-grandmother is not alive then the property will be divided in equal shares amongst his son, daughter and his wife.

  29. Your Name... says:

    My father died some years back and left me and my sis(now married) my mom wht is leagal right in is there in my grand father property he has 3 children 2 son (1 died my father and 1 daughter) he has 1 house where we earlier live now they live but I have a possession in 1 floor but we don’t live there . there was 1 more property which they sold without informing us n now not giving details for the same please help

  30. Jastej S (Team Vakilno1) says:

    If the said properties have been purchased from the joint family funds, then you can file a case for partition of property on the basis that the properties, though on individuals name, were actually purchased from joint family funds and therefore everyone is entitled equally into the shares of the property.

  31. kanta devi says:

    we are 2 sisters & 2 brothers. all are married. my father & mother are living seprately. my father having a only home in delhi. few days back my brother’s wife and kids (not adult) taken a court stay against selling of the home. but my father want to sell the home. myself, my mother, sister and brothers have no objection for sell the home. please advise, what can we do

  32. Jastej S (Team Vakilno1) says:

    For proper reply, a perusal of the case filed by the opponent is necessary. As such your query can be replied only in a customized manner.

  33. Raj says:

    My grandfather had 6 sons and 6 daughters later died without doing any will before 15 years ago and his elder son lived in the house of his father when he died he continued to stay in the same house and later transfered the property to his name and registered the property to his son without getting signed from the other sons and daughters and paid khatha in his sons name till now. there is no legal transition to property to him and do not know how he transfered the property to his son and keep paying khatha till now. how can we sue to the case against them for cheating other sons and punish him in this case. do other sons and son in laws have the right to file case against them who cheated other without consenting and not taking any signature or thumb impression for this property. do we get justice in this case please help us….

  34. vinodkumar says:

    ancestral property can sale. the father of the major sons and daughter without signed (enter in to agreement of sale)

  35. Guru says:

    Sir,
    Husband who has mortgaged his house and business to bank
    dies without leaving a will. A family member and other male members are inducted along with the widow in business. The business is carried on to the satisfaction of the bank for about 10 years.

    The widow is in no way connected with running and decision making of business, but gets a paltry sum of 10,000/ to 15,000/ rs. for running her family with two minor children.

    Suddenly the bankers inform her that the business has become NPA and initiate proceedings for auctioning her house and business premises.
    None of the other male members have any personal property at stake.

    Now, can the bank auction the house, which according to law [as per ur advice in other cases] should be divided between the widow and her two children[one of them has become a major now but the other is a minor]?
    She has no objection about them taking over the business premises.She has no other means of livelihood. Can the house be saved?
    Please guide.

  36. Kamal says:

    Dear Sir,

    Pls advise me if my father married without knowledge to second mother without knowledge of her previous marriage without divorce. Can this marriage be treated authentic after 36 years. Can she claim to be legal heir after my fathers death which took place in dec-12. She even hold a son from my father.

    2. What are her rights if she is been nominated in one of the Ownership property of my Father.Can I ask for my right in the same.

    3. Can She sell Tenency Property ( Shop ) of my father without my consent?? Already she has filed under 145 of CRPC for Possession of the same from me.

    4. How the distribution of Banks Savings take place.

  37. Murali says:

    Hello sir,

    There is a proposal for us to buy a piece of land in Hyderabad. The land is registered on a womans name and the woman has been passed way some years back. She has two daughters, both of them are minors.

    Is it enough to get registered by her husband by taking death certificate of the woman?
    Please guide me in what all documents we need from the owner(husband) to make the property registered on our name.

  38. JP says:

    Dear Sir, My wifes mother had a property in Bangalore, she died without a will, she left her husband, son and 2 daughters,her father took their childrens signature to transfer khata in to his name, children have signed for affidavit saying that they dont have any objection to transfer the khata from their deceased mother name to father name, now their father want to make will to his son’s Son(grandson name). now daughters want to claim their right. can they?

  39. Ashish Kumar says:

    Dear Sir,
    My question is about Share.My Grandmother had died on 12Dec2012 without will.Now property is 300 sq.meter plot in Main road constructed ground floor from joined family fund ,She has three sons.We made devidation in selfbasis.Earlier they was agree. Now they are again making trouble against share in property.Please advice

  40. Ashish Kumar says:

    Dear Sir,
    My question is about Share.My Grandmother had died on 12Dec2012 without will.Now property is 300 sq.meter plot in Main road constructed ground floor from joined family fund ,She has three sons.We made devidation in selfbasis.Earlier they was agree. Now they are again making trouble against share in property.Please advise

  41. lucky says:

    sir,my brother owned is self owned immovable property .after his death my bhabi remarried and took her both sons with her now she is transfering the property on my mothers name can she sell the property or my brothers son still have right on it

  42. Inderjeet says:

    Sir…I want to knw that do deceased daughter ‘s family have any right on deceased nana ji’s property who died without making will(havin no son only 7daughers)

  43. rkj says:

    Sir, My father expired on Oct2010. He has some property in his name. He left without WILL deed. He has wife and two sons, one sister, she got married to some one. But we got family members certificate for his wife & two sons. We have plan to sell some part of land to third party. Is it possible to sell. Could you please give us procedure to sell without partition to all class I heirs .
    Thanking you sir

  44. Raman says:

    Sir.. My mother expired on may 1998. She has a leasehold property thru. GPA. She have no made any will, now we have 4 brother & sister mutually decided that 2 person paid to 1 person share and get property in the name of rest 3. property built up like G.Floor& Ist Floor- 2 room set and 2nd floor- 1 room with bathroom stairs common. 1 person agreed to get G.Floor, 2nd person get Ist floor and 3rd person get 2nd floor with roof right. Could I do this as per law and what is procedure and also sure as per law that which person get his consideration can never demand and chellange again for his rights in court.

  45. gagan deep says:

    My grandfather had died before one year and all the property is named to my grandmother and now my grandmother and my uncles disputes with us and not give us any property please help me sir in this matter.

  46. Manjit says:

    My father expired in 2008.he did 2nd marriage after 1st wives death.he has total 6 children. 1girl (me manjit) from 1st marriage n 5 children from 2nd wife….he had immovable property/shops. But my father gave his whole property to his second wife.which was died in 2012.my problem is that my step mother has not did any will &nominee.. And now my siblings said i have not any right to have my share.. They shared the properity in 5. Except me.. So can i file a case to get my share?

  47. Manhut says:

    Plz help me… Its a request… What should i do.. Suggest me a way to get my share…n one more is i have a right to get my share from my step mother as my father register his property on her name?its my father’s property……and my stepmother also passed away..n its a battle between children……. Thnx…… Waiting for reply wid full hopes

  48. Manjit says:

    In before comments its miss spelled manhut… Bt its manjit.. Thnx

  49. My father died in 2008. We have one house which is in the name of my father and mother but both have not died. We are three brothers and one sister and would like to transfer this property to all brothers name. My sister is already married and she has no objection in transfer of this property to our names. kindly suggest what is the procedure.

  50. D.Mazumder says:

    Sir/Madam,

    We have two brothers including me and one sister (married). We have a Building in Krishnapur of Kolkata the name of jointly my mother and father. Now my father died. My mother has a land of her own name. Now my mother wants to distribute the building and land with our brothers & sister. My sister wants to land of my mother. Also she has some bank deposit. She demand daughter will the legal heir of mother property. Her econmocial condition is not bad. We want equal share of property and my mother responsibility. How can I distribute our one roof building with four equal shares? Please suggest me.

  51. Robbie says:

    Dear Sir, we had ancestral property, which was distributed in three shares after my fathers death.but the property was my grandfathers.as we were minors on my fathers death it is on three names my mother, my brother and my name….my question is after my mothers death how her share will be divided…as Shez living with me now ….but just want to know if my brother can fight as the property is ancestral

  52. Charan says:

    Hi Sir,
    I need some information on my grandfather property disturbution.
    1. My grandfather as 7 sons, my dad is elder amoung them.There is no will,sayign this property belongs to so and so. Now my Dads 5 brother constructed a apartment by selling the land(grandfathers0 at some other location.
    2.Now they constructed appartment with 3 floors and 3 apts besides each other front and on the base or sellar they kept one more falt .
    3.They said they will give this down flat or sellar as my dads property. I came to know that there is no value for the ground floor and there is no plan approval for the ground floor
    4.What action should I take. When I contacted legal advisor they asked for the any proof. I have only one proof where they took my dad signature forthe plan approval at MRO
    5.My question is do m y grandmother as more authority over my grandfather property or his sons
    6.if it as how to get my dad equal and valuable share.How to start on this..

  53. ISmail says:

    Hi,
    i am a muslim boy,
    I need some information on my grandfather’s property disturbution ( Islam law ).
    My grand father had a property.In this they are 8 daughters & 5 sons. In the 8 daughter one of the daugter is died after my grand father’s death. So can i claim for my mother’s share.and wat will be the percentage of distribution.
    Please revert at the earliest..

    Thanking you

    Regards
    Md Ismail

  54. Santosh Rao says:

    Sir/Madam,

    There is a parcel of land of around 5.5 acres in Bangalore, which has been converted to a layout of around 70 sites. Most of the sites are sold and around 20 are occupied for almost 10 years. I am owner of one of the houses on these sites.

    The sellers family of 5 brothers & mother sold the sites and signed the sale deeds for all sites. The father (original owner) is deceased. Now a daughter has filed a case as a claimaint and asking for her share. The court has appointed a Court Commissioner to perform the division to provide the daughter share.

    Request for input and advise as to how the Court Commissioner will go in performing the division, what are the rules laid down for, can you point to any references in terms of law guidelines, rules, judgments etc.

    Really looking forward for your advise.

    Regards,
    Santosh

  55. HIREMATH says:

    my father passed away without will. we are 8 stake holders (self, my mother, my brother and 5 sisters. my brother has legally taken their share of the propoerty in his name since i was aborad. he is having now 6/8 shre of the property. kindly advise how do i get equal share

  56. Rishad says:

    We have an ancestral property which is currently in the name of my uncle (My Fathers brother). The same was made in my uncles name post obtaining no objection from my father and his other brothers and sisters. This was done some 20 years back as the property was in the name of our very old ancestors of whom my father and his brothers and sisters had less knowledge about. My father died ten years back and wanted to build a house on this ancestral property. The fact that he wanted to build a house is known to all my fathers brother and sisters. I am actually not aware if partition of property has taken place(I just know that it is in the name of one of my Fathers brother).

    I have the following questions

    1. What is the difference between making a property in someones name and Partition of the property. How can i find out if partition of the property has happened or not.

    2. Do i and my brother sister have any right in the property which is currently in my uncles name knowing my father is no more and he wanted to build a house on the property, this fact being known to all his brothers and sisters(including the brother in whose name the property is in.

    3. if the partition of the property has taken place(i am not aware). what rights do i have now.

    4. I intend talking to my uncle(fathers brother) seeking his permission to build a house on the property which is currently in his name. What if he refuses.

    Please advice. Your advice would be highly appreciated.

  57. harpal says:

    My name is harpal my father passed away and recently my grandfather also passed away . he owns a flat in new bombay . my dad has two sisters and boht of them are now trying to sell the property and take the money out. legally speaking we should also have some share. how can i stop them and claim the share ..plz advice

  58. Gaurav M says:

    My Grandmother died in the year 1999… she had a property which she succeeded from her parents being the only daughter. My grandmother had two sons and three daughter out of which only one son and one daughter are survivors. we had a mutation done few years back which states that there are three heirs – First, son / Second, daughter(My mom) / Third, Deceased son’s widow + one son + one daughter.
    Now my query is that –
    Q1. Is the mutation i.e, change of names in the Municipal corporation from my grandmother’s name to three heirs enough to sell the property individually or alternate papers need to be done.
    Q2. Since my mother is also a heir but no other papers are there other than the corporation municipality mutation papers … can we still claim to that property even after our mothers absence.
    Q3. what are our options if the family of my deceased uncle are not willing to go ahead with the legal registration of the property.

  59. Satguru Baba says:

    My faher died in 1962 without making any will & had two marriages. The property was made by him. His first wife died in 1950 and he married again in 1951 with my mother (died in 1998) . From first wife he had one son & one daughter both died leaving behind 2 sons & 2 daughters each. From second wife we are 3 siblings(2sons, one daughter) out of which one brother died in 2003 leaving 3 sons all adults. Now I am 62 years & have one sister(60 years).Who are the heirs? What will be share of each heir in the property? Please help me.

  60. KRISHNAN says:

    Sir,

    I have married a girl on Sept., 1988. My wife father has purchase a House after sold his father’s property. mY FATHER-IN-LAW expired on Feb, 2011. Now, my brother-in-law told if my marrriage held on Sept.1988, my wife is not entitiled any share in her father’s property. pl. advice.

  61. dinesh says:

    HAi….Am Dinesh From Chennai… My Grand Mother has 1 elder Brother and 1 elder sister.elder sister died 2 years back…and that elder brother was married to elder sister’s daughter…fortunately they don’t have kids…he have an immovable property worth 30 lakh in chn. but he was died 1 year back… his wife have 3 brothers… now that brothers planned to sell that property and share the money with themself. was there any rights for my grand mother to claim any percentage in that money…or to file case against them in the court…
    Pls kindly answer…

  62. Ketan says:

    If a owner is died leaving a his wife(widow-nominee)and his daughter recently she got married and she is shiofted in U.S. so what is the procedure to sell the flat legally as early as possible as due to marriage of her daughter also she(widow) is in debt.

  63. My grandfather was died in year 1997
    then the agriculture land was distributed between my father and His big brother,
    but no legal paper were made only promices taken like this part is yours & this mine,
    and the NA land which was not distributed properly now my father’s bro my uncle has done he has made papers of that NA land on his wife’s name
    and agriculture land’s papers name on my Grandmother’s name without tlling anyone..

    so how can my fathet claim on that
    and get the land of his own right

  64. ankush garg says:

    if a hindu female dies then who will be legale property hire
    husband or son & daughter

  65. Ceelia says:

    Is it correct that after the death of the last owner of undivided family property, if there are three heirs who knows about the death of the parents, each one should put forward their claim within a period of 12 years? and that after 12 years a person cannot make a claim if the property is sold after 12 y3ears?

  66. This is a property matter. says:

    My father died without writing a will. We don’t have any ancestral property, only house which my father earned. We are two brothers and two sisters and my mother. We had paid huge dowry for my sisters marriage. Now my mother wants to distribute the property among us.
    1) I heard according to Hindu tradition, if we give huge dowry for girls marriage then we can give very less share in the property (around 10-15% each girl) as compare to boys(30-40% each boy) . Is it true?
    2) Now how should be the property divided — into 5 equal parts (including mother) and mother can give her share to anyone whom she likes.
    3) My mother wants to distribute the property as — 40% for each boy and 10% to each girl. Can she do this?
    4) Can the whole property be transfered to one son?
    Please help.

  67. Raj says:

    My father died 14 years ago,
    within how many years we should register the property to our name (we are two brothers)
    We heard from our neighbors… within 13 or 15 years from the death, we should transfer the property to our name otherwise it will be taken over by government or it will become problem to register later on. is it correct?
    and within how many years (from the death of my father) we can transfer the property? is there any time limit?
    Can you guide us…

  68. Ashu says:

    Hi,

    My NANA / maternal grandfather (Father of my mother)died intestate in 1976 in Bihar. He had two daughters(one my mother)and a son(my Mama). None of them are alive now. The other daughter and her husband has also died some years back. They were issueless. The son’s only son has permanently settled in Australia since 1985 and has never returned to India since then. Now, my Nana had some immovable property in Maharashtra. We were aware of the property but never bothered to get it transferred to our name till recently when i was informed that i should claim it else it may go to Government.I found out that some property has already been sold out(possibly by Government since it is very old one)Since i stay in Uttar Pradesh, please let me know how to transfer this property into my name and to stop from going it to Government as there has been no claim whatsoever since 1976. The concerned Talathi was of the opinion that a court order stating i am the only surviving legal heir is required. I want to know will a court order from U.P state would suffice or should it be from Maharashtra state ? Also let me know the contents of the court order. Is there any other formality also that i need to do ? I do not have any ration card, driving licence establishing the relation between me and my maternal grandfather.
    Please provide your coordinates for customized services.

  69. anil says:

    in case of friends family his brother expire interstate without living will ,now he left brother’s ans sisters,wife and father but not having issue , his mother predeceases HIM , SO how WILL property devolved in legal his heirs , pl let me know how and in what share?

  70. my grandfather (nanu) (my mothers father) had a farming land around 24 acres in a village. he is no more now and has passed away even my gandma also has passed away. he had 4 children one daughter (my mother) and three sons (my mamas). now even my mother has passed away. just want to know whether i can get share of my mother in this property and if yes what shall be the ratio of share in the property along with my mamas. i have an elder brother even.pls help me out.

  71. jd says:

    My grandfather died without making a will….i want to know can my grandmother make a will of my grandfather’s property.

  72. visha; says:

    I live in India.My grandfather had three sons. During partition family, my father was given a house to live. The house was in the name of my grandfather and he told my father that he has named my father as on owner of this house in his will and showed him the will but didn’t give him the copy of the will. My grandfather used to live with my uncle until last year when he died. After his death when we asked the copy of will from my uncle, he has been reluctant in giving the copy of the will.I doubt he could have done or made some modifications. I want to know that what are the legal chances to retain the house if he according to the will,my father is not the owner of the house?

  73. nk says:

    my brother was recently expired,we have the common property,my mother lived in that house,and my brother not having any children,and they having another property with my brother name,the people were asking the share in my fater’s property..pls suggest

  74. suman says:

    we are four sister and four brother to my father of a Indian Hindu family. My father made lot of property during is regime and made all the properties in the name of my mother in order to avoid share in the property to daughters after his death. We four daughters are married to middle class family and given one sites and which is registered in our names to avoid dowry. Now their is a huge gap between our family and our brothers in property wise. our brothers refused to share our father properties . During my father alive or my brothers did not help us in any way after our marriages. Now can we claim share in the property of our father that is in the name of our mother.
    one more thing i want to bring this to ur notice is while registering the site to us they took signature from us ( 4 sisters and my mother and one brother) and they mentioned in that apart from this we don’t have any rights to my fathers property. more over rest of my 3 brothers have not signed. frankly speaking we sisters didnot know that how much my father is having while registering the site in our name.
    what i want to know is can we claim for the rest of the properties which they are dividing among themselves.
    can i bring stay order, because they have cheated us like giving only a one site for daughters and taking 20 each sites to themselves
    please advice me in this regard
    Suman says:
    December 17, 2013 at 3:43 am
    1. each brother will get 20 sites, dimension 40 * 80 .
    2. we have big complex with 30 shops and 2 offices for rene, right now mother is drawing rent worth of 2 lakhs from that.
    3. w 60 * 60 house my mother and my younger brother living .
    4. 1 acres land in value worth of 5 crores.
    5. apart from this they have made property from their own money.
    we didnot know all these while registering that single sites in our name.
    so plz give proper guidence and advice
    actually we don’t need equal share , atleast 60:40 share.
    thanks in advance

  75. Dear Sir,
    My friend Mr A age 60 yrs has asked me that his father has died when he was very young as age 15 yrs and mother died may be 8 years ago.Mr A has 5 sister and he is the only son so he build the house on the land which was in the name of his father but on record one sister has no name.means only 4 sister and Mr A has the name on the land record. he has made power of attorney in his name with the signature of his 4 sister for selling the property without the signature of his one sister whose name is not present on the land revenue record because she is not co operating even though Mr A ready to give her proportion as per market rate of land. Can he sell the property without any difficulty? If no what is the solution? and If yes , whether that sister can sue him afterwards ?
    Please give me detail solution like how much time he has to wait for sell the property or right now he can sell the property.

  76. hiran says:

    My friend asked whether he would be the only legal heir of his mother property or his father’s 1st wife’s daughters are also legal heir.his mother is the 2nd wife of his husband and her husband has 3 daughter from first wife and first wife died long time back.

  77. this is a question related to a property situated in west bengal, india. It is my grandfathers (self acquired) property who died and did not leave any will. My grandmother and his parents pre-deceased him.
    1) I wish to know whether only his sons and daughters are immediate successors or whether his grandchildren from all of his sons and daughters also has a share of the said property as per the laws of west bengal.
    2) Also, my grandfathers eldest son took upon himself to divide the property amongst the sisters and brothers in equal share. However, one of his brother had died (after my grandfathers death) leaving behind one wife, one son ane daughter. So, the deceased brothers share was divided into two parts i.e. between the widow and the son leaving out the daughter. Mind you, this was done not by my grandfather whose property it is but by one of his heir who was eldest in the family. Thus the property was divided between all living brothers and sisters (as the case was then ), a widow of the brother and her son i.e. one grandchild.
    My question is – can the deceased brother share fully be given to his widow in toto and not to her son. Since no will is involved and the division was done by the eldest heir himself, can the division be changed and made totally in favour of the widow of the brother.

  78. Sumeet says:

    hello sir
    my father died in 2007 and he left no will. he is left with my mother, my grandmother, me and my sister.
    firstly, how the property will b distributed?
    secondly after the death of my grandmother what will happen to her share if she left no will?

  79. Mű óta Shankar says:

    I had a brother lízing ön Rent in Mumbai.He passed away without referens It in his will.The property Was brought by me in 1956.There are 3 living brothers and two dead.How the property can be disposed by the content of the land lord.Istayed tere for about 20 years and álló ered my brother to stay Who died.Who are the Heirs for the House ?

  80. C M Kutty says:

    I have purchased some land with my hard earned money. Since at that time I was a bachelor, the property got registered in my father’s name. Now my father and mother died and there is no will also. My younger brother is asking share of this property purchased by me. His plea is that since the property is in father’s name, it is to be dived amongst brothers and sisters. In case he is not willing to sign the papers for registration of this land in my name unless and until I give him some share of this land to him, is there any rule that it can be registered in my name, being elder brother ignoring him and his unwillingness to sign the property papers to get it registered in my name.

  81. C M Kutty says:

    Is there any rules/section stating that elder son of deceased father and mother can the property purchased by the elder son and registered in his deceased father who ded intestate. Is this to be shared to all brothers and sister

  82. C M Kutty says:

    Since father and mother died intestate and in absence of a will, property purchased by eldest son and registered in the deceased father’s name, can be taken back by eldest son without giving any share of this to other sisters and brothers. In case any brother is unwilling to sign the registration papers for registration of this property in elder brother’s name, can I ignore other brothers and sisters and get the registration done in my name alone

  83. a b mahadik says:

    My mother had aquired flat from her superannuation benifits for rs 1,50,000/ in 1994 we sold the flat for rs 3,00,000/ from the sale proceeds my sister was given rs 1,40,000/ &iwas given RS 1,30,00/ we both purchased plots we then gave the plot to the developer who offered us 3 bhk flat without any monetary benefits.the agreement is jointly registered in the name my mother &me after my
    mothers death my sister is demanding 50% share in property.
    is she right in her claim?can she demand 50% share from my superannuation benefits? pl help

  84. chanda dhoble says:

    Chanda says:
    Dear sir,
    I want your legal advice in the case mentioned below.I had married to yeshwant and having a one daughter. but due to certain circumstances yeshwant died. before the marriage his father has distributed the property among the sons. and some property he has kept for him for survival. now i would like to ask one question? that is who is owner of the property.The property is named on her husband.

  85. SANAM says:

    I WANT TO ASK A QUESTION THAT IF A WIDOW WOMAN HAS DEAD THAN HOW HER PROPERTY DIVIDES WHICH IS HER OWN PROPERTY…………REPLY MUST

  86. I am the only son of mother and father. My father had died when I was 10 years old. My mother remarried after 4 years after my father’s death. There are no issues from my mother’s second marriage hence I do have any half brother or sister. My mother has expired recently. My questions are as follows:
    1. Am I a legal heir to my mother’s movable& immovable property?
    2. Who has a better claim for my mother’s property
    i. Me ii. My mother’s second husband.
    3. Can I be deprived of my claim for my mother’s property?
    4. As my mother’s title had been changed after her second marriage and it differs from my title, can it be a reason for debarring me from my mother’s property.
    5. Is there any law in Hindu Succession Act 1956 (2005 amendment) stating the preference among me and my mother’s second husband ?

  87. Jaya says:

    Sir,
    My father transferred one inherited property to my sister in 2004. In the same year he sold another inherited property to a third party. My question is whether he had the right for such transfer or sale without my consent as the properties where inherited and not self acquired by him and during the time of transfer/sale, I was major.
    As I knew this fact recently after death of my father, whether I can file a suit for cancelling the transfer/sale and claim equal share in those two properties.

  88. Mohit says:

    Pls reply
    A has died without will and had one wife and 9 son out of which 3 son died and wife also died and before death he write will and name her share on one of his son and son leaving in home last 30 years and i would like to know how much share other will get or they are entitle for there share or not

  89. We are Hindhu from Karnatak, parents died,with 2 elder duaghters(with 1 each child) and 4 sons(with 2 each child), Father made a will not registered about 20 years back, when all sons were not married, only daghters and elder son was married.
    As per will 8parts to make, 2 each for daghters(4parts), 1 each for other 4 sons(4parts), for which we are not agreeing as property should be equally divided, as all daguters were maried and finacially much well off than us, not helped parents in any way and also when the will was made we were not maried and all the grandchildrens were not born. can we get justice, why we need to pay more share to the well off females? As for equal partition females are not agreeing.–

  90. We are Hindhu from Karnatak, parents died,with 2 elder duaghters(with 1 each child) and 4 sons(with 2 each child), Father made a will not registered about 20 years back, when all sons were not married, only daghters and elder son was married.
    As per will 8parts to make, 2 each for daghters(4parts), 1 each for other 4 sons(4parts), for which we are not agreeing as property should be equally divided, as all daguters were maried and finacially much well off than us, not helped parents in any way and also when the will was made we were not maried and all the grandchildrens were not born. can we get justice, why we need to pay more share to the well off females? As for equal partition females are not agreeing.– any solution.

  91. my aunt was died when she was widow and as she did not have any issue there are nobody to claim her own made house.who will be the owner of that house ?

  92. ramu says:

    I have a query regarding my grandmother’s ancestral property? (Acquired property through her husband died i.e. grandfather, which inherited forefathers property)

    My grandmother (widow) has no children and she has adopted legally one child from her brother. (Adopted child is my father). My grandmother transferred her property to my father through adopted deed.

    • Now the query is My father is acquired aforesaid property through the adopted deed, The said property is Ancestral Property or Self Acquired Property to my father, he got it from his adopted mother.
    • Both my father and mother are alive and my father has no job and sitting idel. My father has 3 sons and 1 daughter, all are married & Daughter got married in 2006.
    • Is there any legal right to my father to execute gift deed major share (lion share without consent of other children) the said property to his 1st son?
    • My father made a gift deed on the name of 1st son (at the time unmarried), the gift deed was registered. Is the deed made by him is valid?
    • My father made a gift registration of major share property on the name of his 1st son without any the consent of his rest of the Children (All are major). Is it valid?
    • Is it legally valid? My 1st brother is not showing the gift deed and my father has also don’t have any copy of gift deed.
    • My brother has constructed house not only in his gifted land but also he has illegally extended his house unshared land and later he throw away my father and my mother from his house.
    • After some years, he has purchased adjcent house land with mortage of his house, which was constructed on gifted land and illegally occupaid /unshared land?
    • If the said gift deed null and void, Can my brother has any right to purchase land against mortage the said gifted land?
    • Can we take any legal action against my brother because he has executed gift deed against my father’s own interest, he has not showing the gift deed and how, when the gift deed has been executed? He has not only enjoying the property but also doing business with the mortage of the said property.
    • Can my brother has mortage the said gifted land?

  93. My faher had two marriages. The property was made by him. His first wife died in 1972 and he married again in 1979 with my step mother. From first wife I had one son only. From second wife had are 3 siblings(one son, & two daughter) all are adults. Since my father staying with second wife. I am, son of first wife, and living out side, Who are the heirs? What will be share of each heir in the property? Please help me.

  94. akash kumar says:

    My father died in 2010 intestate leaving behind my mother, my unmarried brother and myself. I am a married person and have two kids (a son and a daughter both are minors aged 10 and 3). My query is whether my wife can claim any right in her father-in-law’s (my father)self-acquired property as long as I am alive and if I happen to die leaving behind my wife and my minor kids then can my wife and my kids will have any right in my father’s self-acquired property .

  95. sir
    my daughter just marreid on 23rd january 2014
    unfortunatley in a road accident her husband doied on 1st february 2014 in u.p.
    he purchased ahflate in noida in that allotment letter first name of my daughter and second his own. as cooapplicant. now as per succession act schedule 1 his mother is also have right in his property. can yupu clear it. the mother and father of the son are well setteled and have govt. job. plz help me as soon as possible.

  96. sushma says:

    if my father expired 22 years back without any will. can this property be transferred in my name after 5 or 6 years or after her death also can we transfer this property in our brother name.we are 3 sisters

  97. Surendran says:

    Dear Sir, My grand father and his 6 siblings have a joint property, the property partitioned after death of my grand father among them as it is a Tarwad Property(as Marumakkathayam) including all the children and grand children of female siblings.leaving 1/30 share to us. Please clarify whether it is done correctly, or we are entitled to get 1/7 share.

  98. Sachin Vora says:

    Dear Sir, my grand father purchased a property in 1976 of rs 5500.He was died on the same year 1976. my grand mother had also died in1990. He have 5 son and 3 daughters in which one elder brother and one elder daughter is died. my father is younger one and he had possession of these house since 1976. when house was purchased there are only 2 room , now it is off two floor biilding whose full construction is done by my father. currenyly we are doing process to transfer the house in my father name but only his one brother is taking objectiom.

  99. Sachin Vora says:

    Dear Sir, my grand father purchased a property in 1976 of rs 5500.He was died on the same year 1976. my grand mother had also died in1990. He have 5 son and 3 daughters in which one elder brother and one elder daughter is died. my father is younger one and he had possession of these house since 1976. when house was purchased there are only 2 room , now it is off two floor biilding whose full construction is done by my father. currenyly we are doing process to transfer the house in my father name but only his one brother is taking objection. my father have bear all the family expenses

  100. tanu says:

    Heloo,

    I am from himachal pradesh, and we are living here from past 20-40 years we have land and a house there.actully this property is divided into two parts one is my father and second one is my father’s uncle(chacha).His uncle is not living with us he was in chandigarh from past more than 40 years.he never come to there to meet us or regarding his property.We are not in connection with him.In 2009 he left(dead), but now after 3 years of his death one lady came to us and saying she is his wife but as my my father knows my chacha was living with his siters.For his he clearlly mentioned that there is no family members who is eligible for pention.But there is no bill for his other property.But now this lady come with the marriage certificate.Then help me to solve this case…

  101. tanmay says:

    Sir my friends father died 6 ago his father has two wifes. His first wife was having two sons which died and second wife is having 2 childs who are alive please tell me how will property will be divided according to succession act

  102. The agricultural property of my Grandmother (which is more than 75% of total property of her)is distributed by her in her life time, to her 2 sons & remaining 25% (i.e.one old house) which is not distributed & still on her name can be distributed in the same way after her death when their is no will/or any documents available.
    Pl. Let me know

  103. Your Name... says:

    A very detailed and helpful information.Thanks

  104. SHRIKANT.B.GODI.
    15 MARCH 2014.
    Dear sir,
    My mother lodge the case in the year-2011 against her father property,he died around 25 years ago we hope will get 1/3 share, but recently we received judgement as 1/9 share why? please reply as soon as possible.
    Thanking you,
    Shrikant.

  105. SHRIKANT.
    15 MARCH 2014.
    Dear sir,
    My mother lodge the case in the year-2011 against her father property,he died around 25 years ago we hope will get 1/3 share, but recently we received judgement as 1/9 share why? please reply as soon as possible.
    Thanking you,
    Shrikant.

  106. Manish says:

    My Grandfather had a son (my father) with his first wife and after her death he married again and had four children with his second wife. Now my grandfather and step grand mother are no more, so how will the property be divided?

  107. Your Name... says:

    Thank u sir… I’m happy about vakil no.1. It takes too time to read books but now i’m reading e.books at vakil no1 within 5min ex.i have read the special marriage act with in 5min.the whole act now i’m practicing as a junior advocate i’m getting more and more knowledge with the help of vakil no1

  108. T.V.S.Manyam says:

    Is there any way to avoid to distribute the share to the surviving mother in the property of the deceased son who got property from a partition deed and also having wife daughter??

  109. Gururaj says:

    My father had elder daughter and two sons. Father had a house and he expired 4 months back. Is it necessary to change house to mother name? Can it be in Father name until mother exist and then we 3 can have equal share?? Is mother eligible to right Will?? All 3 are married and have minor children.

  110. You have shared some in-depth information about property distribution. Thanks for sharing.

  111. D.De says:

    My father died on 2007. We are Two brothers and one Sister all are matured and married. The landed property is in my father’s name. I being the eldest son shouldered responsibility of the family and constructed (2001) a building on the said landed property of my father.
    Can my brother get the property written in his name by infuencing my mother? What are the safeguards? I wish not deprive my brother nor do I myself want to be deprived of that property. Please advise me.

  112. mohneesa says:

    I need to ask that my parents were in trouble in the year 2004 and had to sell their property as their son was not taking care for them at all. At that time I was in search of buying my own house, they requested to pay whatever market price for the same house and transfer that house in my(daughter) name. at that time they made agreement of GIFT instead of selling the house by taking all money legally by bank account. and as I am a daughter and living abroad, allowed them to live in the same house as care taker as they are old and do not had any other place to live. I paid full amount. Since last year the house price gone up and my parents and my brother forcing me to take the amount what I paid at that time and transfer back that house and buy my own house as that house belonging to them. and threading me to go legally as parents are living in that house. The house in in major city of India. Can you pls. advice me on this.

  113. A very good and informative post. I have gone through all the rules that you have explained and found is very useful for me.

  114. lokesh says:

    sir i and one of the daughter was the foster childrens to oour foster parents .our foster parents dosenot have any own childern except we foster childerns . we dont have any records to prove has adopated childrens. iwas born in 1967 my foster parents made WILL register deed on 1983 in my name mentioning WE ADOPTED A BOY NAME “L” and all their self acquried propery should go to me (“L”)after their death.my foster father has died in 1993. and ONCE AGAIN my foster mother made her self(aquired property ONLY) , for me by GIFT REGESTER DEED.SHE experid on 2012. now one of the foster daughter childrens asking equal sahre in whole propperty of both my foster parents. my question is that foster daughter after marrage and well seteled with their childern have any rights in the foster parents property please guide me ?

  115. Very helpful information you have shared. You have explained each & every rule very clearly. This blog will be proved much helpful for the advocates.

  116. Abinash says:

    Sir,

    Thanks for the immense help. I have one more query in which the situation is, My mother passed away and she had inherited plot from her father( the part ion has not happened til now). After partition who will be the legal heir of the property.

  117. I need to ask that my auny died 8 years ago and later my uncle married for second time to a divorcee with 1 son and uncle died 5 years after second marriage. my uncle has 1 son and 2 daughters from first aunty. My uncle has ancestoral 5 acres of land. so how will the property be divided among them. My uncle also own a house which he bought. kindly let me know how will the property be divided.

  118. avinash says:

    A DIED INTESTATE. HE IS SURVIVED BY WIFE B AND SONS C,D,E F
    AND ONE DAUGHTER E. AFTER THE DEATH OF A THEY ALL SAID TO GIVE RELQUINSHEMNT DEED IN FAVOUR OF WIFE B. THEN THEY WILL DEVIDE THE PROPERTY AMONG THEMSELVES. BUT AFTER GETTING R DEED IN HER FAVOUR B CHANGED HER COMMITEMENT AND SAID THAT NOW SHE IS OWNER OF ALL THE PROPERTY SHE WILL DISTRIBUTE AS PER HER WISHES. AND THERE WAS UNREST IN FAMILY AND SHE GAVE ARBITERALY TO SON WHO WAS MORE CLOSE TO HIM AND NEGLECTED OTHERS.

    MY QUESTION IS WHEATHER B IS NOW OWNER OF ALL THE PROPERTY.
    THE B IS OWNER BY VIRTUE OF RELEQISHMENT DEED NOT SELF AQUIRED PROPERTY. HOW CAN SHE DICTATE HER TERMS FOR DIVSION.

    IS THERE ANY LEGAL REMEDY FOR THAT INJUSTICE.

  119. zohra israil says:

    my father was a hindu .i married a muslim. my father died in 2012. my mother and 2 brothers r there…my father died in a accident..leaving behind property without will. do i have a share in it..what r the formalitties to be done….

  120. plz help me says:

    hi,
    can u plz help me? my property is in my grandfather’s name , i hav done the deed of succession, the inventory proceedings and even the mutation with publication on local newspaper and with no objection but my mutation’s last step is heldup due to election duties . so plz tell me whether i can sell the property and then put my name in form I & IV. plz rply soon plz

  121. Rajiv Kumar says:

    Dear Sir,

    I was divorced after 12 years of my marriage. From this marriage I have two children who are staying with their mother. Now i have been remarried with a lady who has two kids. I want to make my will. Please suggest :-
    1. If i want to give my some property to my real children, Is it possible ?
    2. How much right of share my second wife and her kids have on my property.
    3. If I feel there is a treat of my life from my second wife, can I donate my entire property to any charitable organisation ? Please suggest

  122. Where ask my propertis query?

  123. RAJU SINGH says:

    My Father had died after 6 months of my birth. My mother remarried with my father’s younger brother after one year and they got three sons and two daughters.

    My grand father had 12 acres of land in his name and died 7 years back. What is the share rates of the land to me and to sons of my uncle.

  124. anmol123maha says:

    Sir
    My house is divided into 2 parts the upper portion , the lower portion , I have 3 sisters and a younger brother (total of 5 ) , the sisters are married . My father was in depression for 2 months and during time my younger brother made my father write on a stamp paper that the property was of my brother after my father’s death .even though the upper portion (where I stay ) was made by me.so is there any way that I can save the portion of the house that I made ? My brother had done no registry of the house yet . This is a case from uttar pradesh .

  125. very good knowledge we get by this method. says:

    very good questions and answers. we will get good knowledge by this method. th q vakil.com

  126. pardhan says:

    dear sir , my name is pardhan and my mother belong to delhi, my mom is died 1 year before and my maternal grang father is living, can my maternal grang father (nana ji)is make a wish and not give share of my mom to me, can it is possible or not wheren my mom is already died, pls tell me and help me sir, thanks

  127. trupti says:

    My father died on 2008. We are Two Sisters and one brother all are matured and married. The house- property is in my father’s name. because of some dispute in family my mother wanted to sell our property can you please suggest about distribution of property.

  128. ballabha says:

    sir, a land owner received 9 nos of ready built flat as owner share property from promoters.A sale agreement and a power of Attorney have been done between promoter and land owner. I have made a sale agreement with the land owner for a Ready built flat, which is owner share property as per their agreement.
    sir, shall I make registration with land owner?

  129. ballabha says:

    I have received the sanctioned order for House building in my name from my organisation. I am going to make registration/ sale deed in my name.
    (i)shall we make the sale deed in myself and my wife name.
    (ii) is there any reason for which my brothers will demand for the same.
    please guide me.

  130. Aryan K says:

    Hello Sir,
    My grandfather bought a property (plot) in his own capacity and died without leaving a will. My grandmother got the entire property registered in her name. After which she executed a Will before she died to her 3 sons.Dividing the property into three parts.She also had a daughter who had passed away and her son was to get money from her 3 sons as compensation. Sir, Now her sons have also died and myself and my cousins are enjoying the place.My father received the front portion of the plot with separate passages on either side leading to each of the back portions.My cousin has put case telling the Will is invalid. Pls help??

  131. Mario Allen says:

    Hello sir,
    if a man has a son with the first wife (deceased) and 2 daughters with the living (current) wife and there is a property on the name of the first wife, can the daughters dispute for an equal share on that property?

  132. Rinky says:

    If my parents die and we are 2 sisters (married) and father done a will of property for second women( no leagal marriage).Do we have any rights to claim that property or not?

  133. Gaurav Mehta says:

    My parents worked hard and made a house for themselves . I mean house is not ancestral.
    I am married for 8 years now . Can my wife claim her right on my mother’s property if I divorce her.

  134. my hier’s property Lot 14789 PCAD 757 IN CADAP-AGAN,DIMIAO,BOHOL PHILIPPINES 6305 ACLON -BALAGOSA CLAN MELECIO BALAGOSA MARRIED TO CLEMENCIA ACLON THAT ONE OF SON ANTONIO A. BALAGOSA MARRIED TO ESTELITA LUMAYNO GOT SON KARY L. BALAGOSA WHO’S APPLY PROPERTY ABOVE STATED WHO’S NOW CULTIVATING THAT PARTICULAR A PIECES OF LAND TOPHILL’S DECLARED NO NAME IN CADASTRAL SURVEY 1981 TO 1985 MY GRANDPARENT’S VALENTINE ACLON MARRIED TO AGATONA EGAGAMAO HIER CHILDREN CLEMENCIA ACLON MY GRANDMOTHER WAS NOT CLAIM PRESENTING COZ’ THE TIME CADASTRAL SURVEY ALREADY DECEASED THAT WHY NO CLAIMED FOR OWNERSHIP NOW GRANDSON WAS APPLYING WE PRESENT PURSUANT SECTION 5 PAGES 166 CAN WE OWNERSHIP WITH COMPLETE MY REQUIREMENT APPLYING LAND CONFORMITY OWNERS AS KARY L. BALAGOSA ADVISE CAN BENEFITS MY 30 YEARS CULTIVATING COZ MUNICIPAL ASSESOR WHO DID NOT PASSED COS IM 31 YEARS OF AGES APPLYING OWNERSHIP CAN AVAIL MY TAX DECLARATION TRANSFER NO NAME IN MY NAME AS KARY BALAGOSA NEW TAX DEC. PURPOSES HOW CAN POSSES ME MY APPLYING PASSESD ALMOST 30 YEARS CULTIVATION COZ MY AGES IS YOUNGER THIER REQUIRED BY LAWS JAW PROCESS SEE THE LAND IN MY FB. ACC’ LUMAYNO ROGER THE MT.KAUJONG TOPHILL’S I MEAN.. THANK YOU ONE HECTARES AREA SITE.. PLZ. ADVISE ME ACCORDINGLY…

  135. Hello Sir,

    I have following quarry for my sister’s maiden name MAHDA property purchased before marriage in Mumbai, and this property is under re development since 2007 but still it is not demolished.

    1)My sister died in Dec.’13 at Sangli Maharashtra state without making a will.

    2) My sister’s husband expired in 2011

    3) she don’t have her child, but have step son & Daughter in her family

    4)Is a step children are legal heir in her property from their step mother?

    5)Is her real brother & sister’s are become a legal heir in her property? if yes then what will be a procedure for claiming, please advice me so accordingly we go ahead.

    Thanks

  136. SUNDAR. M says:

    Sir, a hindu man of 34 years old has expired. He was an employee in am MNC. His wife is 24 years widow now. He married her before 3 years. She has no children now. His father is not alive. And his mother and wife are the two heirs now. The company want to share the death benefit to both equally but the wife claims total settlements to her. Should it be shared equally or Is there any percentage amount of divisions to both the heirs.

  137. ajit says:

    my father in law died instate. He was working in sail and 3 years service was left. If there is his old mother, his widow wife and only daughter, how his PF Gratuity and death benefit amount will be distributed among these three? Suppose total amount is Rs 100/-

  138. mgarg says:

    my husband purchased a residetial property on his mothers name and did not add his or my name , i have some issues with my in-laws due to which i dont want to saty with them. they are staying in there own house and house purchased by my husband, is veccant, so i want to stay in that house with my husband and two kids. my mother in law is not letting me to stay there. i am residing in rented house now. is there any way out so that i can stay in that home. plz advise somting.

  139. Anonymous says:

    can the daughters of a father who does not have any son disown the asset & liability of their father while he is alive or can do it legally before his death that they are unwilling to accept any of his properties?

  140. Anil says:

    My father ( C ) & his 2 elder brothers ( A & B )were staying together in a house & immovable property, A Has five son child & B has 2 daughters, while C has 2 son & 3 daughters. After the death of A & no will was made by him.The B & C demanded division of prpoerty from window of A but there are not willing to do division of house & property ? This is due to `A` five sons & showing muscle power. Also nobody is coming forward from A widow & 5 sons for discussion for partition. kindly guide how to proceed to get the property. All the property is in the name of A ,B & C except house which was ancestral property. Plz reply / clarify these ………..

  141. KAVITHA SEN says:

    My father decided to have his house( self acquired property ) promoted by a builder.
    Agreement was made in 2013 and the house was demolished and the promoter started building a multistoried building.
    My father suddenly died leaving behind my mother , one brother and myself ( daughter ).
    Now by brother and mother has approached be with a fresh draft agreement with three of us as joint owners.
    Question 1 : Can I Claim one third of the agreement made
    earlier ?
    Question 2 : Can I claim half of my mother’s share after
    her’s death ?
    regards / Kavitha

  142. Mohan says:

    Hello Sirs,
    My father constructed a house, in which My mother also had taken loan and contributed in building the house as she was working with state Dept at that time,now retired.
    I have a younger sister as sibling.
    Father passed in 1997 , my sister was married in 2002.
    I would like to know the share of each person in the property as of now(April-204)(mother is alive). Since I heard some different versions of the claims laid by married daughters for the property. Kindly Advice.

  143. Hari says:

    Dear sir,
    A has a property by his own. He has 5 sons(B,C,D,E,F).In which B is elder of all. whereas D and E are not married. Before A’s death he has written a will. In that will he has mentioned that the property shall be divided by all the 5 sons(B,C,D,E,F) after the period of D and E. Now D and E are still alive. whereas C is trying to occupy the property. But C has left the property before 20 years as he has got a separate house. D and E have been living in this property till now. But F is in support for D and E. However C is raising problems daily. His making lot of problem like breaking the door etc.. So we have given a complaint to police that he is indulging is criminal activities. We are ready to give the share(amount) as per norms to C. But still he is not cooperating to us. Can we approach Civil court for this or else what will be the best solution for this problem. C has already issue CAEVIT notice to rest of the people. The Ration card, all other credentials are in D and E address only. Kindly help me pls.

  144. ajay says:

    If an individual, married 2nd time after death of first wife, dies intestate survived by a widow from 2nd Marriage, sons daughters from 1 st marriage & son and daughters of 2nd Marriage.

    How the immovable property shall be divided. will be equal parts between widow, all son and daughters ?

    or will it be in 2 equal parts between 2 wives and then these parts shall be divided into son and daughter of their respective mothers

  145. A. Saha says:

    Hi,

    My grandfather made a property will in 1984 in the name of his 4 son and wife (my grandmother). My father expired in the same year, so my name and my mother name is written in the will as a successor. Now, both my grandfather and grand mother expired. We’re are planning to do a modification and divide the property equally. But my uncle is saying the will is not valid any more and we’ll decide on our own- He wants to take my portion and provide me with his portion. Can he do this? what kind of case I can file against him? Can property will be invalid in any case? Please suggest.

  146. Arun says:

    Hi Sir,

    I purchased few properties (lands) on my parents name.
    Is there a way through which I can stop them from selling those properties.

    Thanks,

  147. Uma Sankaran says:

    Sir,
    My husband died in 1999 and left a flat without a will.We both have done Grahapravesh for that house.It was his plot given to a builder and made into a supposed society and he got a flat with some cash.How to bring it to my name.I have got two daughters.I applied for succession certificate and it is still in pre-admission status.Tell me the way out to transfer that in my name.
    Thanks
    Uma Sankaran.

  148. Sylvia D'sa says:

    My husband died in 2010. Me as a wife & 1 son (23 yrs) are the legal heir to his ancestral property, which is divided between, Mother-in-law, 3 sons & 1 daughter, Now they are selling the ancestral property in Kerala, (46 cents), What is the % of cash that will be divided between both of us

  149. I request a legal opinion. Our biological father left us 27 years back and without divorcing his wife (our mother) got married to another lady having 4 children from her earlier marriages. Our dad have a son in this new relationship and he is now 25 years old.
    Our dad has almost lost his hearing capability and he is now 87 years old. We have just recently came to know that his new wife and her children has been successful in making him sign a WILL to succeed his properties and bank balance in their name. That means on his death all the assets will get transferred amongst this lady and her 5 sons.
    At this juncture, how can we (our mother and 6 of us) inherit succession rights of the properties belongs to our father ? request your guidance..

  150. UR SHINDE says:

    My father expired in Nov.2011. Our mother and grand parents expired long back of this.My father had 3 sons (i.e. we were 3 brothers, no sisters). Youngest son expired in Dec.2000 (predeceased son) his widow, 1 son, 1 daughter (now married) are living.
    I am eldest son of my father. However, before submitting our claim for Bank deposits, my another younger brother (who was elder to the predeceased son) also suddenly expired on account of Hepatitis B and his widow and two sons are surviving. Thus all grandsons,grand daughter of my father are major.
    I presume, but kindly confirm or else that the class I claimants would be as under:

    (I) Myself as elder surviving son

    (II)(a)Widow of my next younger brother who expired after
    death of our father (as he was live at the time of
    death of father.
    (b)Deceased son’s elder son
    (b)Deceased son’s younger son (No daughter)

    (III)PREDECEASED CASE:
    (a)Widow of predeceased son of my father
    (b)Son of -do-
    (c)Daughter (married now))of predeceased son
    Your kind guidance is solicited.

    Thanks & Regards
    UR SHINDE

  151. Mahesh says:

    My brother in law passed away for some diseases last month. He was stayed in rented house from last six years. Before 2 years his wife left him to bed. After death of my brother in law his wife came back to my mother in laws home which is owned by my mother in law. No property of my brother in law. He has three girl kids. His wife came to my mother in law’s place with the help of human rights lady. Human rights lady supports her. Now we are confused what to do. I read on the internet about Indian law for shares of wife and sons/daughters in husbands property, but there is no share in mother in law’s property. Is it true? What about kids of brother in law? My mother in law has 2 children over eighteen 1 son & 1 daughter at home. Now what to do? Please advice me.

  152. Raj Mehra says:

    Sir

    My grandfather died in 1978 he was having very big self acquired property & a family too; In 1975 he transferred some of the property through “DASTAVARI” to my father which is not registered & rest remain undivided between Four Uncles till date.

    Now my question is that :-
    1) Can I make a claim to whole of my grandfather property or only for that which is transferred to my father ?
    2) Can my father transfer his part received through “DASTAVARI” according to his WILL ( this question is raised because as it was not self-acquired by him )?
    3) Can I demand my share from my father under a right ?
    4) Can my children make claim; if yes then in which part of the property?

    Please provide solution with reference to sections.
    Regards

    Raj
    09783586063

  153. Hari says:

    My grandmother and my Aunt (Her daughter), the property was in their name, My father was the Nominee, his name is in Share Certificate, and now all are dead.
    Survivors are Myself, My Brother, My Mother, My Other Aunt (Her 4 children), and my deceased Aunts Daughter.
    Can you tell me according to Law what would each persons share

  154. R K Nanda says:

    Sir, Will made in the name of my wife and other children,forbids my wife to sell property, but if the will is in the name of my Wife only, Is she be capable to dispose of the property after my demise?

  155. Raju says:

    My Aunt is asking for Equal rights on ancestral property. As per law, does she have a equal rights if she married before 1980?? If no how much share she can claim?

    Legal heirs are – My father, My Father’s Younger Brother, aunt, grand mother
    Properties are in my Grand father’s name

    Things happened at below times-

    My Aunt marriage-1958
    My grand Father Death- Oct-1981
    My Father Death- Nov 1997
    My Father’s Younger Brother Death – 2007
    My Grand mother Death- May 2013

    Let me know if any other details Required.

    Thanks in advance

  156. Akash says:

    A person had two wife B and C . B had 5 children (3 males and 2 females) and C had one child name D (1 female).
    Property is at the name of A but without will. Now A,B,C and D are no more.
    That means only the children of first wife B (5 children) are alive.

    Please let me know according to law , how the share is being distributed among them and Who else can claim on this property ?

  157. Karan Rathod says:

    Sir, My Sister is a widow. Her Husband died 18 months back. He has some properties in his father’s name. He is survived by two sisters and mother. Now according to law she will be a share holder of 1 part. The question is if she gets remarried, will she still have a stake in the share from ex-husband. Please reply. Regards- Karan

  158. Raj says:

    Sir,

    My father-in-law had passed away in an accident in 2011. He is survived by my mother-in-law, my wife, my sister-in-law and my father-in-law’s mother (aged 94).We are Hindu -brahmins. My father-in-law has a sister, who had run away with a christian and never returned home. Father-in-law’s father had mentioned his son as the sole heir after death of father-in-law’s mother.

    Apart from inherited property, father-in-law had also built a house with his and my mother-in-law’s money. Now this father-in-law’s sister came back asking for 50 % share on both properties and was told she is not entitled to any unless grandmother gives her something. Grandmother was in protection of my in-laws, the last 30 years.

    Recently, father in law’s sister took her out on the pretense of getting some pension application signed and got her to sign on documents that proclaims her daughter as a heir of her share of both the property. Now, technically, she has gained a right and this can’t be revoked unless grandmother agrees in court. But grandmother is so scared due to her daughter’s threats that she wont testify in court and wont even believe that her daughter would cheat her into signing title deeds.

    My in-laws are willing to give the aunt 1/4 th of share of the ancestral property alone , but how can they prove that she has no rights on the other property? How do they deal with such a situation?

  159. Abhijit says:

    Hi,
    Requesting information and guidance on Property rights of daughter. We are two brother’s, one married elder sister and a mother in my family.

    My father expired in the year 2009. He made one flat in his tenure by himself which was on his name and when he was alive he made one affidavite in consideration with my mother that he wishes to nominate my younger brother after his death. He just made one affidavit for the same which he submitted to the society.

    My father made onother affidavit on which we three of us (mother, sister & myself) has made our signature that we do not have any objection on nominating the said flat to our younger brother without requesting any kind of share or benifit to anybody. However, according to brother he has misplaced that affidavit and he doesnt have any record or copy of the same.

    My mother is still alive. Now the issue is my elder sister and a younger brother has some disputes between them and now sister has send one self handwritten letter by post to my younger brother that he has cheated her and took her signature and claiming that at the time of taking signature from her he has promised her that he will give her some money as a goodwill which he still not given. As per my knowledge there were no such kind of any commitement either verbal or in writting.

    I wanted to ask a question that since my mother is still alive so does she has any legal rights after my father to decide and take a decesion to make a new affidavite or will and nominate my younger brother solely ? Also does my sister still has any right to ask her share in the said flat ?

  160. prasanna says:

    Dear sir,
    ‘A’ has a property (a three floors building/house) by his own. He has 1 wife (B) and 3 sons (C,D,E,). All are married. ‘A’ died without Will. B,C,D and E have been living in this property till now (in separate portions/floor). But deceased person’s wife (B) is living with his younger son (E). Now (B)died with a will that her share in the property in the name of (E)as he look-after her till death.
    Now my questing is “can ‘E’ claim his right given by his mother (B), as the property is still not divided and registered.
    * Land was in the name of A, and building is in the name of B.
    Please reply.
    Thanking you sir.

  161. D.B says:

    My paternal grandfather owned several properties in his village. He died intestate. He has 4 sons among whom 2 have died. Now his eldest son is saying that since the properties have not been transferred in the names of his sons, selling the lands are a problem.Under the laws of natural succession,wont these lands already be considered as property of the 4 sons.Will the widow and daughters get the share of property due to the deceased sons?

  162. D.B says:

    My father died intestate. Will the house which is in my father’s name be transferred to my mother’s name automatically?Or is there some legal procedures which we need to follow. Kind reply to both the above queries

  163. pratibha sonkar says:

    mere pati ke dada ki sampati me pati ke buaa ke bachhe ka kitna hak hai

  164. ruchi says:

    My father died without any will last year and we are two son and one daughter. I am his daughter and married also this property is my father’s own property. This property is in village. Please suggest along with my brother and mother will i get any share as my brother is disguising my mother by saying as this property is in village i will not get any share

  165. anup keshri says:

    problem is one man get two married and got 6 son’s. first wife have 2 and second have 4 son . what can do property division when both are death. propety are equal dived to his son’s or the property will divided in to two part of there mother.

  166. Ajay Naisar says:

    Hi Sir

    My uncle died, he dont have any children and was divorced. Can I apply for the ownership of the land owned by him???

  167. kirat says:

    We (my sister and I, the two children of my parents) are based in USA. My parents live with me for the last 10 years. My father purchased a flat in Delhi in 1981 and converted it to freehold in 2000.

    My father passed away in Aug 2013 and my mother is still alive and living with me in USA. The freehold property is in my father’s name. My father did not have a will. My Mother and I will be visiting Delhi in the next 15 days to process transfer of ownership of the property from my father’s name. We would like the property to be transferred in my mother’s name and I will be the beneficiary.

    What is the benefit, if any, of having the property titled in the name of my mother and I in either or Survivor format?

    There is no dispute on the property and my sister will provide a NOC to either approach.

    What are the pros and cons of either of the above processes? Please advise from the point of view of the process, required documentation, court fees, and how much time will it take?

  168. Sir,
    My father in law and my mother in law,, have 2sons and 1daughter. All married. My husband is the eldest amongst all. we have a daughter and my brother in law also has a daughter. My sister in law does not has any kids. Now last year they asked me and my husband to leave there house and stay on rented accomodation as they wanted the property to go under renovation. So we did. However I had a gut feeling that they r trying to cheat on us as only we were asked to move out not my brother in law. Also at the time when they asked us to move out, my mother in law was talking to my sister in law about chucking us out of the property.. This conversation was made by my phone so it got recorded with me because of a smart phone. And I heard it later on. My parents have always given them gifts and evrything they asked for. Now when we started staying on rent my husband used to beat me and abuse me on little things and it was going worst day by day. He doesn’t earns anything so I had to resume my career, (which I dropped after marriage, as my mother in law was unwell so to look after her). When my husband torture got on my nerves I walked out with my daughter. And filled a complaint in women cell. The case went for 4months and then everything was settled as my husband and his bua ji gave in writing that he would never abuse and beat me. And also will give me some contribution in household expenses. Since then his parents broke all relations with me. Though we still meet in family functions. But we don’t talk. Only my husband still goes to there house. Initially after when I came back my husband was fine for 2months. Now he has again started all these things. Does not gives any thing to me,, if I ask then he beats me. M only tensed about my daughter’s future… Will I get anything out his father’s property for my daughter. Because I know that he’ll never do anything. And also my parents had spent so much on my marriage and on the gifts after that,, now I can not ask them for anything more at all. I shouldn’t even think of doing that now. (My father in law has earned his property him self however legally its under my mother inlaw’s name), (currently my brother in law and his family and my father in law and mother in law, stay in that property.)

  169. sir,
    my grandfather had made a registered will in which he had equally divided all 3 floor of our house in favour of all 6 grandsons.But my father’s elder brother is having objection in this can he fight against a will….?

  170. sir,
    My father died in year 1998,and we are three brothers and a sister.after few years of death i found to know that ny name doesn’t reflect in any of the property related to my father neither in any khasra.There were only mothers name and all three brothers name reflects .I think my brothers cheated me and with the help of patwari and concerned land authorities they discarded my name and now they are not willing to give my part.Is it possible now also that i can make the authorities to include my name in the khata properties documents records.
    do give me the advice what to do so that i should get my name in as succession in khasra and khata .
    thanks sangeeta.

  171. Anonymous says:

    E

  172. Madhu says:

    Hello Sir,

    I appreciate your help here to all the legal advice seekers. Here is my situation.

    My father died 5years ago we are three kids me a son and two daughters, my dad always wanted to give me all the propert bucause he thinks gave already too much to my two sister when they were getting married as ‘dowrey’ but he died suddenly (heartattack). He started transfering all the properties one by one on my name but at the time if his death there are few more left. The rason for my dad wanted to give me all is i gave him lot of money when i was working in USA, whith which he constructed a house and bought few properties, now there is old property which suddenly got so much valued that my sisters are asking for share..my mother is my side and she also wanted to give me all of it (no share to daughters), here is the important thing which i need your advice on, when me and my mom went to MRO office to ask him about the options he suggested that as a he can transfer the land to my mom’s name as there is a law to do it and then after that my mom can transfer to my name at her will is this true and legal to do? if yes will there is a chance in future that my sisters can fight for it?

    2) I had sent so much money to my dad when he was alive (i have all the proofs banks transfers/deposite slips) will there be any advantage that i can claim all his property based on this?

  173. Rita says:

    Sir,

    Who is entitled to get my mother’s landed property after her death if she had no son? Father or her only daughters ?

  174. Rita says:

    Sir,

    My father has sold land which was in the name of my mother as per survey held in 1972 or so. can I get it back or resale if yes , what procedure should I adopt, there is a person who is ready to purchase those piece of land which my father has already sold to someone .I have no brother, my mother and father both have died

  175. My grandfather bought a place in his name and his brother’s name(equal share each). His brother died soon after that. Afterwards none of his descendants are in contact with our family for past 60 years.
    My grandfather died without a will. how shall we solve this issue and get this property divided among my grand father’s descendants. what is the legal way to approach this and solve the matter.

  176. sarveswar says:

    my daughter died six months back.We had given 3 lakhs dowry and 100 gms of gold at marriage time. Out of these 3 lakhs 2 lakhs was fixed deposited in her name and one lakh directly given to bridegroom. She is having two small kids. My son in law forcing me to give all the money and gold to him saying that he has legal right on it.but we are interested to liquidate the gold and put all the amount in fixed deposit in the name of the two small kids. please suggest me the correct legal procedure

  177. Roshan says:

    A Hindu man(Father) dies without will. he was having 1 wife, 2 daughters (married), a son (myself) and a grandson (my son). this propery was constructed on his (father’s) own expense. How will get what share.

  178. sandesh says:

    Hi,

    My Grand father elder brother purchased immovable property with the help of my grandfather and one another brother, but elder brother made all documents directly on his name..

    Now the situation is my grandfather, mother and other brother are died long time back, and both of them daughters who are married wants equal distribution of property but elder brother of my grandfather is denying the same..

    Now what to do in this case?

  179. sai says:

    Hi sir,
    I completed my b-tech in Hyderabad.
    My father is a govt employee who expired 2 months ago.
    He had two wives.

    First wife has two sons and second wife has one daughter(I am the first son of first wife).
    First wife has done mutual understanding agreement before I am 16 (i.e even before my 10th).

    Before death he has not written any will.
    He has one two bed house(25L),govt job,pension, fixed deposit 10L and all.

    Now all of this are claimed by his 2nd wife only because of the mutual agreement and all are not at all handed over to any one!!.

    Can you please tell me that If there are any chances that I and my brother who are sons of first wives get any part of the property or job or pension??????……
    Please just tell me if we can get any of it…
    thank you.

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  181. S.K. Syal says:

    My father-in-law died intestate leaving behind 3 daughters and a son, all married. My brother-in-law has locked the house. Now one of the sisters has filed case in the court of law for division of said property, other 2 sisters did not filed the case. will the court give its decision in favor of both one son and appellant daughter, without bringing the facts in the notice of other 2 sisters.

  182. Sriee says:

    My Family consists of myself ( daughter), my father, my mother, my brother who is married and has three kids ( 1 major and 2 minors). My father died and my brother also died. We have a land which is 600 sq. ft and it is in my father’s name. Now we are left with myself, my widowed mother, my widowed sister in law with their three kids. Since,we have some debts and also I want to buy a house, I am trying to convince my mother and my sister in law for selling the land. Sometimes they say Yes and sometimes they say No. How can I go ahead and sell at least my share, so I don’t have to keep depending on them for the sale.

  183. Sriee says:

    Its actually 6000 sq. ft in my above posting….

  184. Raja says:

    As stated in Rule 2: The surviving sons and daughters and the mother of the intestate shall each take one share.

    Please suggest the below query:

    As per TamilNadu Hindu Succession Act,1956,as amended by
    The Hindu Succession Act,1989;daughters have any rights in claiming equal share in deposits according to the Indian succession Act,1925(XXXIX of 1925)

  185. Rajan says:

    Hi,
    We have a residential land on the name of my mother. As she left us in 2012, i want to know in the time of reselling that plot do we need to have the signature of my dad? As my parents were not living together it is difficult for us (2 brothers) to get our dad’s signature. Please let me know soon any wayout for this problem as we dont want to contact our father. The land at the time of purchase was being purchased by me and my brother.
    Thanks

  186. Al says:

    Hi,
    My parents have long deceased and so too my bachelor brother & married sister and her husband.
    My married sister’s 3 children (2 sons & 1 daughter) are living but only her younger son is married and has a 1-year old child.
    My youngest brother & I (married with 2 sons) are residing in the property of our mother in Mumbai and Goa which is under my maternal grandmother’s name.
    Legally speaking, how should the properties be divided for a Catholic family if there is no will?
    Sincerely,
    Al

  187. mohan says:

    dear sir my grandfather expired in 1981 without succession of land transfer to other man ??

  188. Anonymous says:

    SIR my name is R Dubey my father name

  189. R dubey says:

    Dear sir, please help me i and my father is very poor i have not any house and no much money to bring a house .. my question is to u that my grand father recently had died but without will of his property after my father married of my father he live a rented house my father have 3 brother one sister and my father’s mom but now without my father permission they decided to sell there property … sir i asking to u have there any govd rules how can my father get a part of his property … plzz i request to all sir help about this matter without your support i can not do anything pllzzz sir think my matter help me

  190. My grand father died without will.Now what about our house.How it would be Distributed.He had 3 daughters all are married And 1 Son(My Father.Can you suggest what can we do of we want the house on name of my father or my brother??

  191. Divyesh says:

    Sir, I have one question about muslim law
    A father is died on 1995 and left her widow, 5 son, 3 daughter and all are come in record of rights
    then after 1 daughter is died on 2000 and her child entered in record of rights
    now her mother is died on 2013
    how can i do pidhinama

  192. ramesh says:

    Sir,my mother wants to make will in my name before her death,my brother is married and staying saperatly,my father alive, does my brother has right to claim the ptorerty after my mothers death ?

  193. SREENIVASULU says:

    Sir,

    I have completed my studies up to Diploma with the support of college lecturers and i have worked for some period in India. I got employment in DUBAI and worked from 1994 to 2000. All the money i sent money about Rs 4,60,000/-to my family(father+mother+ two brothers). My family members were enjoyed during that period and my father cleared all his loans and spent Rs 50000/- for my younger brothers’ studies and made different sale deed on purchasing lands on his(fathers’)name. Finally when i returned from Dubai for marriage and to look after the family. When i was jobless, my family members felt burden and made an un-registered relinguishment deed by paying 50000/- to me. My father expired on Nov. 2012 without making property partition. So my brothers + mother are not willing to give my share of property and trying to avoid me.

    Please advise me what legal action i have to take against my mother + brother to get my self acquired property and ancestral property share?

  194. mehul says:

    Sir,I would like to know the sharing ratio of property amongst three sons and two daughters of a ancestral home owned in kutch , gujarat.the property is srill in the name of my grandfather and his legal surviving heirs are as above except of one son who is pre deceased ie my father
    Please clarify
    Also I am rold by one of my friend that as per rules prevailing in gujarat daughters do not hold any rights in a fathers property, HOW FAR IS THIS TRUE, PLEASE GUIDE ME
    THANKING YOU

  195. manisha says:

    Hi,
    My father expired without making a will. Therefore his house (self occupied) and ancestral land got divided (on papers) in 3 parts. Me (daughter), my brother and my mother.
    My mother is staying in the house with brother. We both children have given our right on the house to mother, and signed on legal papers, which are also registered.

    Now regarding the land it is still having 3 co-owners (3 of us).But physical partitioning is not done.
    When i insisted on partitioning due to my bad relations with my brother, he started threatening me that he will occupy all the land and will not give me anything.

    What are the options with me except the legal suit?

    Also can he occupy/sell the land without my consent with any illegal means? like signing on my behalf etc.?
    Or can i be relaxed that he can not do anything with the 1/3 portion whih is on my name?

    Regarding house, can my mother make a will and donate this house? or my brother can still claim his share in house?

    Best Regards,
    manisha

  196. Dear sir

    My deceased father ( my mother’s second husband) left 02 properties one is a land and another a built house on his names , without a will.

    We are 3 siblings from my mother’s first husband. I have an elder brother and a younger brother , and I Am their only sister.

    My mother has jointly earned until 2004 along with my father (her second husband) and purchased these properties. They were scared of having these properties jointly on their names my father ( mom’s second husband) and my mother , in case my own father claimed any ownership on his return , and due to his fraud ways and life style.

    My father ( mother’s second husband) passes away in 2007 , due to a heart attack and was unable to make a will on my mothers name.

    My mother currently stays in the built house and wants to leave that house to my elder brother , who is not well off under my guardianship as she knows that I will be fair to his children in her absence. My brother is an alcohol addict and borrows money around and my mother thinks his money lenders may claim the house if it’s on his name and his kids would be left without shelter.

    She wants to make me the owner of the land , as I can get a house built when I need in future.

    As my youngest brother inherited a bigger property from my grandmother( my mother’s mother , still alive 87 years or so), and he doesn’t need a shelter , as rightfully my mother was the heir to that property.

    Being a mother she has decided on this without actually valuing the pieces of property , just that each will have a shelter of their own in bad times.

    My mother is actually looking after the family of my eldest brother , because he is doesn’t have a regular earning due to his bad addiction habits.

    My mother wants to know what is her right : share to the property left to her by her second husband.

    Do my brothers have any rights to this property at all , not being the real children of my deceased father . My real father was a Christian and my second father was a Hindu by religion. Also the names on our birth certificates is of our real father whereas our school certificates where later changed to have my second fathers names.

    I just want my mother to happily take any decision that she as mature person wants to take especially keeping in mind who looks after her etc., and I don’t want to interfere in any decision she would like to take as an individual. She is 64, and takes tuitions to earn a living at this age too and is continuously harassed mentally by my alcohol addict brother who does not let her have proper rest etc. After drinking everyday and loud noises in the house where she stays in a part above in her husbands house ( from second marriage ) , he also keeps threatening her as to he will see who throws him out etc. While my younger brother instigated by his wife too wants a rightful share on both the properties saying I , as a sister and by the law have no right on the property at all.

    In this light I see my mother suffering and mentally tortured to fight for the property that rightfully belongs to her after her husbands demise , cause she worked all her life ( documented evidence as a teacher in the gulf ,until 54 years of age ) and without proof i.e. Started taking tuitions for survival for the past 2-3 years. I do send her money occasionally as I am residing overseas in the Gulf.

    In one word , I do not understand the legal terms but believe that she has earned all her life , to bring us up , does all this property not rightfully belong to her , as her hard earned money ? Why can my brother 44 & 39 year old , ask for a share in rightfully something that belongs go her ?

    Please help and let me know.

  197. Suresh says:

    Hi Sir,
    My Father constructed a house with two floors in Tamilnadu,i have a younger brother, Now we have to divide the house, please advise who will be having the ground floor and who will have the First floor,I always wanted the Ground floor since I believe my Late Mother still lives in that house.Request your valid advise sir.

  198. kirti bhai says:

    Respected sir, one of my married brotherhas been given immmovable property, from fathers property, now cash has to been given to hm from fathers property by , I . . property value 3500000. Thirty five lakhs, now , earlier 3lakhs given 8yrs.back which is now the upper mention value. he put 3 lakhs himself for repair how much cash value should be given now. the share which is equally to be shared in fathers property is 2800000 28 lakhs .is he entitled for the cash share. Or be left out . the thorneor the hurdle is the 3 lakhs. he spend. Pl. Assit what could be done.

  199. nazima says:

    Dear sir,

    My grandfather died before 5 years. He married two ladies but after 1st lady death that is before 24 years. Now the first grand mother dead, she had 2 sons, a daughter & second grand mother having only one boy. then our ancestress property how should be allocated among the children.
    As a grand daughter i have any rights on that property as per Indian law or not.That property is not earned by my grand father, that is coming from 4 to 5 heads till now.

    Please guide me sir. My living step grand mother want to cheat us.

  200. rajat goyal says:

    My father got a portion of a house made by my grandfather as per his will. Now my father died without a will. I have my mother and two married sisters. How will be the property divided ?

  201. Raul V says:

    My Grandfather had borrowed a certain amount from a person (say Mr X) by promising a small portion of his land. Grandfather expired, so my father and my paternal uncle are the heirs. My uncle too expired recently leaving behind 2 daughters, who should now be his heirs. But Mr. X is stopping us from registering both daughters names until his amount is paid (Mr. X demands 5 times the amount ordered as per courts ruling). Can he restrict us actually?

    As we plan to repay his money after selling off the land, this is causing hindrance since both the daughters names cannot be registered.

  202. XYZ says:

    My dad expired recently and my mom wants to make a will built a premises containing 4 houses to their 4 sons and 1 daughter,this house was built by my father in my mom’s name.A ll the documents are in my moms name.She wants to give more share to her one son who is unemployed This house was built 43years back,she has 2 big house 2 small house she wants to give one big house to her 4th son 1 small house to her daughter and other two houses 1big house to her unemployed son and 1 son 1 small house to her unemployed son and 2 son because he can claim rent for his livelihood and after the death of this unemployed son these 2 houses will go to their 1 and 2 son children respectively. Is this will correct,further grand children won’t put case that their share is not there in this

  203. sk g says:

    we are two brother and one sister.my big brother has already seperated from father in 1987.he signed a unregistered panch faisla.my big brother has widraw him all rights against a sum from father propereties through this unregisterd panch faisla signed him.brother receivs=ed his sum amount cash from father.amount receiptmade. my mother died in 0october 2013. my sister has died in 2013. my father serous illness indeember 2013.but my bigbrother have no fulfill his duties during the father illness.1st january 2014 he discharge from hospital on concious, stable, oriented condition/. after discharge 16 january my father has write a will on my favour .this will is vregistered will document.on 4 feburary father expired. my brother has not attnd the any time of father illness and funeral ceremony.after death my elder brother claim the 1/2 portion of father properety through court.his claim based on will making is unsoundness mind. please assist me.

  204. Aditya says:

    Hi,
    My Grandmother passed away few years ago and the property is in her name.
    Total they have 3 children, I am the daughters son.
    One of my uncle wants to create problems and sell the flat as he has no sentimental value.
    My Grandfather wants to transfer the house in my name so that it will remain in the family.
    Is there any way that this can happen without involving the 3 children.

  205. Jignesh shah says:

    My Aunt’S husband died just 1 moth before now his father did not make any will and now my aunt is total handicapped with no source of money. she wants to give is home some part as Rent to generate revenue so she can live properly in her old age .
    Her husband sister are alive can they demand share which generate from rent because my Uncle dad did not make any will?
    pl advice.

  206. Praveen says:

    Sir,

    My father died without transferring property or making will. In our family we have my mother, me, my younger brother and three elder sisters all married. Who is the legal owner of this house now and what is the procedure to transfer property to his/her name. Also in case my mother want to transfer it to both her sons what is the procedure.

    thanks

  207. Tanmoy says:

    Dear Sir,
    I want to know,
    my father and uncle’s property name I want to change in my name, but my father passed away 12 years ago. So please tell me what is the procedure to change the name of the property? The property will be distributed in 2 parts. We have a will now we just transfer the name of the will. Pl. tell me the process to transfer the name. And what are the charges?

  208. govindaraj says:

    dear sir!

    my sisters daughter is living with my mother ,my brother in law and his mother both are died.my brother in laws mother having a property and she doesn’t make a will before her death ,my question is what is the share of my sisters daughter

  209. Aryan says:

    Dear sir,
    My Grandmother had died in 2001 and she left a house. She had two daughters and one so (my father). One of my aunt was living with my grandfather in that house. Few days back now my grandfather had died. One of my aunt had already died in a car accident 3 years back. my aunt was having 1 daughter and one son. That property is still on my grandmother’s name. now i want to know that my aunt who had died does her any family member had a part in that property or their signature are required in paper work or not ??

  210. SOURAV says:

    My sister was harassed and was thrown out of her husband’s house. she was pregnant and later had a male child, but her laws and husband abused her. they use power to get divorce and her husband got remarried.
    we file for maintenance.Her husband show dependencies of his father, unmarried sister of 35yrs ,Wife and his daughter. He even manipulate his income.
    he sold his house named after his father and purchased a luxurious flat in exchange under his sister name. his sister is unemployed and unmarried.
    they do above act to show that he ( my sister Husband) is overburden, less salaried and even do not own any property or vehicle. he cannot afford maintenance or final settlement amount.
    according to Hindu succession act my sister husband have 50% share in the sold property.CAN MY SISTER CLAIM FOR THE 50% OF THE PROPERTY OWN BY HER SISTER-IN LAW FOR THE MAINTENANCE AND SETTLEMENT.

  211. trupti says:

    Dear sir,
    My father died august 2008,without transferring property or making will. In our family we have my mother,me,my sister and brother.Who is the legal owner of this house now and what is the procedure to transfer property? Also in case my mother want to sell it.then what is the procedure for it.

  212. raghavendra says:

    partition between father and minor daughter is acceptable or not as per law in joint property.

  213. Vishal says:

    Dear Sir,

    My father died in 2013, I have one brother and one sister and mother is also alive. She is staying with my littel brother.He is staying with my mother in my father’s house.
    Our society people wants me to suggest name on which property need to transfer. I don’t want my brother or my sister sell said property till the time my mother alive.I would like to know below.
    Can we trnasfer said property on my mother name ?
    Till the time she is alive I don’t want any one to sell said property including my mother?
    Can we give same letter to our society?

  214. sabyasachi basu says:

    Who is the legal heirs of the deceased unmarried elder brother who died in 2010. Parents, one brother and one sister had died earlier of the deceased. Please let me know about under which rules properties and money can be shared between the living brother and sister.

  215. Sultan Singh says:

    My father has to wives.I was born from his 1st wife.My father did 2nd marriage without consent of my mother but as my mother is a illiterate lady.she never filled any criminal petition against my father.Now my step mother grabbed all the property.Actually she converted all property into gold.My father is staying with my step mother for last 25 years.Now, They have a big house but the ownership of that house remains on my father and my step mother jointly.My father does not care for us and he is in full control of my step mother.I know i cant claim my right in said property as the same is self acquired by my father.Can my son who is two years old claim his rights in that property.Please help me out.

  216. Our family was consisting of Father, mother and three married brothers. We are having the agriculture land which is earned by my grandfather . My younger brother was not qualified and hence we both brother have supported him financially till marriage My father is retired and has no pension. My father mother was also dependent on us(particularly we 2 brothers).
    After marriage of my younger brother my mother encouraged his wife to complete the B.ed and she got service as teacher in reputed school since last 3 years.
    My father has built-up a house from his earned money(After retirement) but the property was taken on the name of My mother .Hence She had the non-movable bungalow property on her name.
    My Mother passed away in 2012 year without making WILL. Now the heirs are my father and we 3 brothers as we do not have sister.
    I like to know whether these are legal heirs?
    Unfortunately my younger brother also passed away last week. Now his widow having age of approximately 36 years. As the age is less we are planning encourage her for second marriage and take a lead if she gives consent for same.
    I like to know who will legal heirs if she marries with other person and who will be legal heirs is she opt not to marry.
    As Further my father wants to make will that the agricultural land shall be made in the name of we brothers only as we only supported him after retirement ? Is it legal?

  217. Sita Devi says:

    Sir My Name is Sita Vyas i am a widow i have no child and have take care of a girl baby of my sister
    points
    1. sir i purchase a house in 1961 from my own money and appoint my father as care taker
    2. in registry of such house i include my sisters elder son name who is minor at that time because i think he can take care of mine in my older days
    3. he shifted to other city 30 years ago and not able to take care of mine
    4. my sisters grand son leave with me from past 28 years and i want to transfer full house to him threw VASIYAT
    5. and i also want to exclude my sister son name from my house
    6. and i also want to exclude sister daughter name from my properties whose documents shows my and my husband name
    7. my husband died in 1976
    so how can i make will of mine please help

  218. prasanth says:

    My father expired intestate and after few days so many people came with promissory notes and empty cheques with my fathers sign. The amount he has taken was never used for us nor for buying our properties,also all our properties are on my grand parents name who also expired. What to do as the debt is very huge and we are unaware before.

  219. Your Name... says:

    My mother and father both expired 34 and 7 years back. my only sister also expired 10 year back. i have no brother. i have to transfer property in my name.do my sister sons have any right in share of property.
    please explain
    B.L.AHUJA, UDAIPUR

  220. Samir Mandal says:

    My mother and father both expired 8 and 4 years back.The property is my mother’s name. my only sister also expired 6 year back mean before my mother death. I have no brother. I have to transfer property in my name.do my sister sons have any right in share of property.
    please explain

  221. gayathri says:

    sir,
    my mother and father got divoeced before 13 years,we are two daughters for my father.my mother only guardian for us,my didnot take care of us,then my father done illegal contact with another girl and live with her,she also married and has childerns ,but she didnot divorce husband,she is living with my father.daily she ask my father’s property and said write ur pension in my name or otherwise i kill u that like you and order him to dont talk with ur childerns…please sir give me a good sugesstion.

  222. gayathri says:

    sir,
    my mother and father got divoeced before 13 years,we are two daughters for my father.my mother only guardian for us,my father didnot take care of us,then my father done illegal contact with another girl and live with her but my father have no childern for that illegal wife,she also married and has childerns ,but she didnot divorce her husband,she is living with my father.daily she ask my father’s property and said write ur pension in my name or otherwise i kill u that like and order him to dont talk with ur childerns that like blame my dad…please sir give me a good sugesstion.iam graduate my you

  223. chanda says:

    property purchased by father on lease from income his agriculture property. after father death mother room constructed on such property and paid lease amount to govt. Is such property become self acquired property of mother? can mother make will of such property?

  224. shabnam says:

    my father was died on 2005 through a heart attack. after then my mother had so many affairs and had done third marriage without having any divorce by 2nd man. and know she had divorce with the 3rd person as well so know should she claim for her share in our property.?

  225. Sukanya says:

    My father was a college librarian and my mother was a school teacher.We are two children,me(daughter) and my brother.My father retired in Oct, 2002.My mother died in March,2012 without any will.After my mother’s death my father had made all his bank accounts joint with my brother.My father is not even revealing how much money he got from LIC,NSC regarding my mother.As I asked one third of my mother’s money,he not only refused,also told me not to come to his house.That house belongs to my father,his elder brother and his younger brother.My mother bought 1 flat by taking loan from bank.After her death,it should be shared by we 3(my father,me and my brother).We applied for this but my father has not given me the copy of that probate.My grandfather(my father’s father) made property in village,which had been written on names of my brother and my uncle’s(father’s younger brother) only son by my grandmother without asking me or my 5 aunts(father’s 5 sisters).My elder uncle gave his clearance about not taking any share of that property of my grandfather.My question is how can I claim my share from my mother as well as my grandfather’s property?Please help me in this matter.

  226. Uttam says:

    My brother has a plot of land jointly owned by him with my father. My father has passed away intestate. Now, does my brother automatically become sole owner of this property?

  227. DB says:

    we had a property jointly owned by two brothers ( A and B). The share certificate of the flat has both Names (not mentioneing the quantam of the share division. so its 50 % each) One of the brother (A) passed away survived by wife and two children. B asked the society to change the name from A to A’s Wife. now B want to sell the flat where as A’s Wife is refuting. is it possible for B to sell his share (50%) ? is it necessary to get the NOC from A’s Wife ( who now is the co-owner ) ? there was no Will made by A.

  228. suresh says:

    there are two property. one is in husbund name and another one is in wife name. firstly the husband died and after that the wife also died. Also, no issue to them. Due to this the wife’s mother has been received the legal heir from the concerned corporation. But, the husban brother also obtained the legal heir for them and it is noticed by the concerned authority we are not issue the certificate to them. Hence, my question is wife’s mother to get the above said property. Please inform the solution

  229. c.v.suren says:

    My father has one elder brother and one youngest sister.Father’s elder brother have no children and both i,e.brother and his wife are dead.They accuquired land and house at visakhapatnam,with good position.My question is that my father elder’s brother land and house goes to whom?

  230. zohra israil says:

    sir i am by birth a hindu married a muslim boy. after my marraige my parents accepted me..now my father died in 2012 without a will..my mother and two brothers say since i married a muslim boy i cant ask my share in fathers property ..is it right ..if i have a legal share in my fathers property what should i do to get it…plz suggest…

  231. nayna says:

    Dear Sir / Madam

    I wanted to know 1st wife has purchased flat by her self income. after her death her husband & 2 children were the only legal heir of her flat. subsequently husband remarried. husband also expired living his 2 children (from the 1st marriage) & 2nd wife her 2 children.

    after the death of husband Do the second wife has any right in the 1/3rd share of the husband.

  232. Anonymous says:

    My father died in 1987 and left out 2 property . i have 5 younger brothers and i sister all shared property in my absence while i was way in delhi . they advertised in local newspaper in chennai. which did not known to me . when my share is held by one brother he is dodging on some pretext and how do i recover my property.
    property in chennai and i live in banglaore. how do i proceed

  233. Ravi Kalita says:

    What if (father) dies leaving no will and (mother) is remarried will she get anything from the property.. If son and daughters are living apart

  234. Khan says:

    Hi I’m from Muslim family
    I want to now about will
    My grand father have two son, one is my father. My grand father done will of 4 acress of land to my uncle but he not inform to my father. He given omraksha as he is having only one son. The rc & Khata changed & my uncle taken loan also.
    Let me know as per Muslim law it is possible to cancell that will.
    Last 22 years back that property is given to my father and we have sign of my uncle & 3 witness it written in normal paper in Urdu

  235. c.v.suren says:

    C.V.Suren says:
    September 4, 2014 at 10:39 pm
    My father has one elder brother and one youngest sister.Father’s elder brother have no children and both i,e.brother and his wife are dead.They accuquired land and house at visakhapatnam,with good position.My question is that my father elder’s brother land and house goes to whom?

  236. jay singh says:

    sir
    my father died with no will and have 4 acre land.

    mother,i and five married sister how properties are distributed,and it is possible to all properties are in my name

  237. NM says:

    My brother died leaving behind a house. House has 2 owners (brother and papa). My mother died before my brother’s wedding.
    Now , his widower demands half share of house. They do not have any children?
    So, will she get half part of the house which is undivided? Secondly, she and her family is chargsheeted in murder of my brother, case is pending in court. So, does she still holds right of property? Thirdly, does my father holds any legal right in his deceased son’s property part? Fourthly, Do I (married sister) holds any right in my deceased brorher’s property?

    There is no will and wife has not applied for succession. She has filed civil suit in court.

    She has migrated abroad and got a registered power of attorney in favour of her dad giving him all rights to handle, sell, sign registry of the said property. She also declares herself “pratham paksh and kabij” in the powerof attorney when no decision yet is given by any court.

    Pls suggest.. Immidiately

  238. anonymous says:

    I am from Kerala. My father expired in 1985 and mother in 1994. There was some land in the name of our father. After his demise, no action was taken to transfer it to our mother’s name. We are 2 brothers and 3 sisters. Now my two brothers have divided it by fabricating documents without our knowledge. What action can we take now?

  239. kumar says:

    dear sir,
    my father died in 2003 left my mother and my brother. we resides in the property at kalyan belong to my grandfather.and there was one property in the name of my father in bandra which transfer to my mother name.but the possession of that property is with my step grandmother.recently my grandfather died. and the stepgrandmother wants to exchange the property with us and will pay the difference amount.
    but she wants to get bandra property registered first as gift deed in her name for my mother. then she will give the kalyan property to my mother.
    my question is that it is possible to register both the properties i.e. of bandra and kalyan same time?
    if not how to do it because my grandfather has five daughters and one son they have to give their NOC on it?
    and if kalyan property to be registered who is required in tahsildar office?
    thanks
    waiting for your precious reply

  240. Rahul Sharma says:

    Dear Sir,

    We have a house which is 50% in name of my mother and 50% in name of my grandfather. My grandfather died in 2004 and didn’t wrote any will. I have two uncles and two aunts but one of my uncle says he is the owner of whole house. can u please guide me in what way to proceed and what’s the legal share of each of the fife siblings i.e. my father, his two brothers and two sisters. Also what’s the share of my mother. and how can we proceed to get it under which law? Thanks

  241. sonia says:

    I am a Hindu woman married to Muslim man . My father expired intestate in 2010, leaving behind my widow mother and my two brothers one elder sister. At the time of his death he had three immovable properties and several movables including bank deposits. My brothers, who live with my mother in the house built by my father, are telling me that I married out of community so I’m not eligible for claims, and there is no relationship between us,
    my mother has got the privilege and priority to transfer my father’s properties on there names or in her own name and subsequently can sell/transfer those too if she desires so. Please advise me if I have got equal right to claim my share of my father’s property and if so under which sections of the law. Further how should I proceed; I live in hyderabad with my husband and also my mother and brothers are in Hyderabad. Where should I apply?

  242. atul says:

    my grandfather died intestate leaving sel acquired property.my grand mother also dies intestate.my father ,uncle and aunts have agreed to distibute the property.can my brother raise an objection against this distribution.

  243. Abhi says:

    Sir,

    Recently my elder brother got expired. He was married and having a daughter of 1.5 yrs. In our family me, my younger brother and mother is there. The house is in the name of my mother.

    we are having a family business which my elder brother use to take care. There is partnership deed for the shop and is in the name of my mother and elder brother as when my father died 10/03/1998 me and my younger brother both were minnor.

    Now after my elder brothers death what all his wife can claim from the house and the shop. His wife never had a good relationship with our family and even with my elder brother. We are worried that what if even after giving her the right she is going to take care of my elder brothers daughter. She is asking for her share and we are very worried, please need ur advice.

  244. sir,
    my father has missed from last 7years.he married two.i am the son of first one.second mother had 2sons & a married daughter.2nd mother has drawn family pention.although I am a handicapped person I am unable to get the benefit.now I am hopeless.what will be my share from my father’s property?please help me regarding the matters.

  245. Dheerendra says:

    Sir,
    My father married two. i am the son of first one (Married). Second mother had a son (Married)& a sister (Married). But my mother already had died.so there are not share me property. So please give me advice.

  246. Chandra kala says:

    Is there any time limit for a married woman to put case on father’s property after her father’s expiry. Pls suggest.

  247. divya says:

    my father expired suddenly without writing a will. my mother and me want to divide the property among my 2 brothers but we have no clue. There is one piece of land and one house(which has no registry). my younger brother wants the house worth 70-80 lakhs and is not ready togive even a slight share to my elder brother. both are not ready to come to court and settle the matter. my mom is ageing and doesn’t keep well. both brothers hate each other like anything. what shall me and my mother do to avoid any bloody clashes, we are really worried. please reply urgently.

  248. Anonymous says:

    Sir.
    my father-in-law died 13 Yrs ago, his father not distributed property which in the name of himself. My father in law has one brother and one sister who married 35 Yrs ago and widow now.

    my mother in law now lives with one elder daughter married in 1974 With 2 Sons and one daughter, all are un married.
    the elder son married in 1992 Lives in northern state with his wife and son.

    second daughter married in 1985 and got one son and daughter, but she is no more. Her daughter got married in 2011.
    her son is bachelor and unemployed.

    younger son died in 1997…

    5th and last daughter married in 1993 And lives with her husband daughter and son.
    my question is who is the legal heir of the family?
    and the property which belongs to my father in laws fathers own only.
    now how v have to proceed to get the share of the property from my father in laws share of property.
    and kindly advice the legal heir position in this regard.
    thank you.

  249. Anonymous says:

    Sir.
    my father-in-law died 13 Yrs ago, his father had not distributed property which in the name of himself. My father in-law has one brother and one sister who married 35 Yrs ago and widow now.

    my mother in law had one elder daughter married in 1974 and having 2 Sons and one daughter, all are un married.
    the elder son married in 1992 Lives in northern state with his wife and son.

    second daughter married in 1985 and got one son and daughter, but she is no more. Her daughter got married in 2011.
    her son is bachelor and unemployed.

    younger son died in 1997…

    5th and last daughter married in 1993 And lives with her husband daughter and son.
    my question is who is the legal heir of the family?
    and the property which belongs to my father in laws fathers own only.
    now how v have to proceed to get the share of the property from my father in laws share of property.
    and kindly advice the legal heir position in this regard.
    thank you.

  250. Vishnu says:

    Sir, This is Vishnu from kerala residing at cochin. My father bought a house and 44 cent land on 2000 and he died on 2006 he didn’t prepare a will at the time of death.
    In our family now have mother, sister and two brothers. Now mother living with younger brother.sister married and settled, me bought a house and settled in near. Now we are thinking to do the partition. How does it will going to do the partition?

  251. sharad vora says:

    My mother expired on August 2014 without making will.our flat is owner ship 50% x 50% in mother and wife’s name we mutually agreed to transfer 50% of mother part to my father’s name what papers we have to do for the society? And other legal consequences? My mother has 2 married daughters and other legal issues for their property ownership as legal heir.the son is also married

  252. P.P.Singh says:

    Dear Sir,
    My father in law died recently leaving a will.He had five children .One of his daughters had expired during his life time leaving two sons who become legal heirs as their father is also not alive.He had a bungalow in a posh locality.During his life time he had gifted the construction rights for the third floor to his eldest daughter.The plan was approved in his name and in the gift deed it was clearly indicated this forms a part of the gift deed and expense was incurred by the do-nee.She constructed the floor while her father was alive who died 3 years after construction.At the repeated insistence of donor in the gift deed it was written ‘The rights for the terrace of third floor will remain with the donor’.There was no other rider in the gift deed .Further while transferring the rights of ground floor earlier to his middle daughter ,he had retained the rights for the front lawn,rear courtyard and servant quarter in the rear courtyard with him.There are certain citations in the will which appear to . violate the rights acquired by the eldest daughter through gift deed.She wants to lodge a protest on these issues and has drafted a letter to executor which is appended below.She also wants to say;
    1 No MOU has been signed by the heirs so far.
    2.Is it necessary to obtain probate and if yes who can apply and what will be the stamp duty,if any.Is there a time limitation.
    3.Since as on date no regulations were in place how can the testator pass on construction rights which he never had as per law and till such time it’s permitted by law do the beneficiaries have the right to prevent others from using the roof and also do any construction particularly when the lift room and other facilities are on the terrace. Gift deed also says that’In case of construction the common facilities present on the terrace will be shifted to the top terrace by the Donee who construct the third floor from her own expenses and allow the occupant of the entire building to use the common facilities provided on top terrace’.
    RE ;OBJECTIONS ON CERTAIN CLAUSES
    ———————————————————————
    On going through the TESTAMENT left by Sh ….. before his demise, I find that certain clauses in the document are clearly violation of the rights acquired by me through GIFT DEED Dated 09.12.2010 which precedes the date of last WILL.I file my objections to these clauses and would like these to be listed as INAPPLICABLE CLAUSES in the document filed in the court for obtention of PROBATE. or MOU to be signed by all the heirs ,if agreed upon.
    1.Clause A(IV) of the testament says :’The roof rights over the
    third floor ,shall devolve on and be inherited by my grandsons …….., and ……..(both sons of my daughter late ………a) absolutely to the entire exclusion of my other heirs.’
    My GIFT Deed says ‘That in the event of the building being damaged or not remaining in existence
    ON ANY ACCOUNT WHATSOEVER then the Donee shall have the PROPORTIONATE RIGHT in the land beneath the same as per existing structure at the TIME OF THIS GIFT DEED along with other owners of the building and shall have the RIGHT TO RAISE THE CONSTRUCTION IN PROPORTION TO THE SHARE CONVEYED AND BEING TRANSFERRED UNDER THIS GIFT DEED.’ Para 11,page 6)
    2.The transfer of rights of common areas like rear courtyard,front lawn to …….. and …….. as per para(V) of the testament ,permitting the parking of vehicle to all floors except 3rd floor (para VI of testament),terming the land used for erection of elevator as ‘land provided by sons of late daughter (para vii of testament)’ is ultraviolet of my RIGHTS AS MY DEED PRECEDES AND CONVEYS CLEAR TITLE TO ME.The status as on the date of signing this my deed will prevail and and any changes made by the testator are illegal as the testator did not have any right to make these changes.This fact has also been brought out in the last will which confirms that these areas were common.
    .
    3.Since no Government regulations are in place as on day permitting construction on the fourth floor,then how could the testator transfer a right which he did not possess.However ,in future if Government brings forward an amendment permitting construction on the fourth floor,I will have the liberty to protect my rights.
    4.Please ensure that my rights are protected and a fair deal is given to me.

  253. I AM A MARRIED LADY.MY FATHER DIED LONG YEARS BACK WITHOUT MAKING ANY WILL AFTER MY MARRIAGE.I HAVE 3BROTHERS AND ME AND MY MOTHER….PROPERTY’S VALUE IS HIGH AMOUNT…IT IS IN MEGHALAYA..SHOULD I HAVE THE EQUAL RIGHTS IN PROPERTY….I WANT MY PORTION…SO WHAT ARE THE PROCEDURES AS PER LAW.. WAITING FOR REPLY

  254. Appu says:

    My masi dies on 7/4/12 suspiciously at my mama’s residence. she was spinster and they had a court case. He ruined her life. After her death my mama made power of attorney and abducted her gold jewelry and her valuables.When she was alive and She has chosen me as her heir. Can I make self attested declaration of being her legal heir?
    She has property of worth 50 lakhs.. for which she was deceived to the death.Police inquiry is also going on.
    Please suggest me..

  255. A Hindu male dies in 2010 without leaving a will and is survived by a wife, a son and daughter. He had a house and properties in his name, none of it was inherited property, as it was all purchased from others during his lifetime. Both the children had married off on their own accord without the knowledge of the parents. However during old age, he had accepted the son and his family and invited them to live along with the parents (himself and his wife) in his house. A year later the daughter also joins in the house, without the invitation of either parent along with her family when the man dies suddenly. Recently the daughter has put forth a claim to her share stating that all movables and immovables be divided equally between the brother and the sister and the mother can have the proceeds from the rent and agriculture income as long as she is alive and after her death the children would have independent rights to their properties. I am also told by an advocate that since all of the properties were purchased by the man, only his wife would have legal rights to all his assets and the children would be entitled to only what she leaves to them as they had forsaken their rights to their father’s own property when they married of their own accord. Another opinion by yet another advocate is that they would all be eligible for an equal share. Please advise.

  256. rohit says:

    sir,
    my grandfather died in the year 1996, he possessed 3 acres of land in haryana and 1 acre in punjab. he was survived by 1 son and 3 daughters, 3 acres of land in haryana was transferred to my fathers name after taking No Objection
    Certificate from 3 sisters of my father. the remaining 1 acre of land in punjab still registered in the name of my grandfather. the affidavit submitted in tehsil in haryana has details of land situated in punjab, what is the procedure to get the land in punjab state registered in my father,s name and whether the papers submitted in haryana are helpful to get this done.
    please provide the requisite information.

  257. Hi,

    I would like to know how do we transfer my father’s property(FLAT) to my mothers name as she is the nominee after my father’s death,
    Please provide me th eproper procedure as i asked a agent every agent saying different method.So i am confused which is the exact process.
    Thanks,
    Jeevan Prasad

  258. sankar says:

    dear sir,
    my mother died in 1998. she had a property of 1.5 acres farm land and a building, given bymy grand father as a marriage gift. and my my father is alive .he also given 2 acres farm land.we are two brothers , both married. but i got love marriage. my father and brother both are distrubing my family life. and they are not giving me till now any share of the property.
    can u suggest me what rights i had.. nad how to proceed…
    thanking u very much sir

  259. nikhil says:

    sir, my grand father has 10 acor land and he was died on 19/05/14. he was stay with my uncle. but problem is uncle is not giving us our share of land. he had done the entry in 7/12 without known us. should we entitled to get our share of land. please reply on my email id with healthy answer which will be help me in my future.

  260. Jonathan says:

    Dear sir,
    We are indian Christians, my grand father had a second wife after the death of the first. First wives children are 4 out of which are 3 are dead except my dad the first born, second wife has a daughter. Now my uncle who is father’s own brother is a bachelor died with his property and no will. Does my grandfather’s second wife’s daughter have a share in this legally?

  261. cs mahesh says:

    dear sir my father has 2 factory building one factory already rent out and another building my relative running factory, two years back my father died, ofter three month later we will came to know that my father made will behalf of my mother father brother wife name register office with out our knowledge please tell me what we do any option so we get back our property,

  262. srishti says:

    sir
    one parent named their whole property to his son but after getting property son left them in a viradh ashram at a very old age when they needed him the most. I was very annoyed with this inhuman nature. Please tell me is now there any way they can get their property back.

  263. arthi says:

    We took prperty in 1999 thru gpa and acknowledgement cum undertaking rs.250000 from land lord I dint do registered and I gave agreement to unknown person and regeneration in 2014 after getting dicry order from court get done registered base on gpa so its done but land lord again made gift deed to grand children’s ni they have put case that they need permanent injection order because they are in possession would it effects to frist party

  264. chinnu says:

    Dear sir,
    Kindly advice the property holder expires and leaves behind the share for his widow 3 sons and 4 daughters. My question is out of
    the 3 sons one son dies who is not married what happens to his share of the property???? Will it be divided equally between the
    other survivors. Please advise. Thank you.

  265. Ramya says:

    Dear Sir,

    My mother is a 70 year old widow and my father passed away with out leaving a will. Apart from my mother we are three children, 2 boys and a girl.

    My father passes away in 1997 and left behind a self acquired property. ie., 60*40 two story house in a posh area in Bangalore. Later in the year 2009, we changed the house khatta to mother’s name as we built another floor on the existing house.

    Now as far as my understanding goes all four of us ie., mother and 3 children are equal share holders in the property. But now the problem is that 3 out of this 4 want to sell the property and share the money equally but the elder son is not agreeing to it since he’ll lose out a share of mother’s property and he is waiting for her die so that he can stake a claim in her share of the house. So, what can be done about this? Else, our mother feels that she wants to gift deed her share of the property ONLY TO HER DAUGHTER. So is that possible since it is not her self acquired property? Or should she make a Sale deed instead of a Gift deed? Or should she just make a “will” on how her share should be distributed?

    Kindly answer as I am really looking for an expert opinion.

  266. J.N.Raval says:

    Dear Sir,

    My father died in 2010 and there after we seen that he has not nominated any name in Sale Deed of property paper and also he had not made any will.

    Now we want to sell our property, How can we sell this property and who should have legal right to sell this property.

    Please suggest.

  267. Anonymous says:

    Respected sir,
    My grand father was dead in1976 and he was written total land and other plots on his first son and his total sons is 4 members and now how to get land from the 1st person that 3members.

  268. SANJAY says:

    AFTER HUSBAND DEATH IS IT RIGHT FOR HIS MOTHER IN PROPERTY WHEN THE WIFE & TWO MINOR CHILDREN IS LIVE

  269. SANJAY says:

    Kindly advice the right of child of grandfather property [grandfather self income property]

  270. ramu says:

    Dear sir,

    My wife had brother and sister where her sister got married last year but her brother is not married. my question is that can i have right to file against property or not.

  271. sharad says:

    Dear sir, my father have expired in march 2014 & my father has only two numbers of 15*50 square feet plots. 1 plot is my my grandfathers name & another is on my fathers name. my grandfather, grandmother & my father is no more. now i have 4 sisters me only one son of my father, my mother & my father have only one sister are legal heirs of property. now all legal heir including my fathers sister are ready to give me there share excluding my one sister who has married with a boy whiteout my father’s permeation & we have no relation with her..but what can we do if she will be not ready to give his share to me or how can we make case in subject that every legal heir excluding her are only want to sale this property only to me & not want to sale this property not other than me in this world..plz help me

  272. Mousumi Bose says:

    Both of my father and mother has passed away without any will and my only brother is staying in my parental house from the beginning.I am married since 22 years. can I have any right on the property of my deceased parents, as my brother is telling that after marriage i have no right for my parental property.If i have any wright how i will proceed further.

  273. Jaganath says:

    dear sir please clarify my following points

    My father in law died in 2000&my mother in law died on 2012.they have a son and daughter. Daughter is my wife now the property is still in my in laws name. Can my wife (daughter)claim for property share. Please educate me

  274. Sam says:

    Sir,

    My grandmother has 6 children 2 male and 4 female.Now on the sale of my grandmother property due to debt,she is now homeless. Her elder son is not ready to keep her with him but asking the other daughters to take care. Sir my Mother is a kidney failed patient and my father is recently undergone open heart surgery, l myself have to spent a lot on their treatments . since my mom is elder sister they are asking us to take care of my grand mother. can you please advice me on this.

  275. Charmi says:

    Dear Sir,

    I need your advice. There is a property in joint name of my grand father and grandmother . My grandftaher is the fisrt holder. My grandmother died in Januaryu 2014 . Now my grandfather wants the whole proerty only in his name and want to transfer the same to my father . My father has three brothers but grandfather does not want to give the property to them .

    Does property hold in joint name of husband and wife automatically transfers to husband or dic=vide among the legals heirs.

  276. my brother died in 2009 inestate. he was unmarried. i have performed his last rites. the property which was in his name automatically got transferred to my mother. However my sister has got it transferred in her name. am i not eligible for the share of property which was not self acquired by my mother as per hindu succeession act. how can this bbe allowed without proper succession certificate. are the rules diferrent for tamilnadu and karnataka. kindly reply

  277. Sandeep says:

    After the Judgment of Bombay High court by the division bench of Mohit Shah JJ and other what is your view on the following case. Is the daughter claiming the share has rights over the scheduled property?
    1. Father had two wives X and Y.
    2. X and Y both have daughters and sons.
    3. Father died in 1998 leaving two properties A and B behiend which was his self aquired property in year 1979 from his own funds.
    4. After his death in year 2001 both wives divided the property with the consent of all sons and unmarried daughters according to Karnataka amendment 1994 and application duly signed by them has been given to BBMP to transfer the katha.
    5. in the same year 2001 katha of scheduled property A has been transferred to X and similarly katha of scheduled property B has been transferred to Y with the consent of all sons and unmarried daughters of both of the wives and evidence are on records in BBMP.
    6. In year 2006, wife Y has sold her property B to me with the consent of her daughters and sons thus no problem from their side.
    7. Now in year 2014 daughter of other wife who was married in year 1993 before the Karnataka amendment filed a case to claim the shares in property B which was sold to me by Y. This daughter had not signed the application given to BBMP in year 2001 because family has not taken her concent as per the Karnataka amendment act which excludes the married daughters before the state amendment.

    Thanks in advance

  278. Dear Sir,
    We have joint property of my grandfather father’s name. My grand father have three sister they have dead 5 years ago. now they are share their father’s property.

  279. Amol shinde says:

    hello sir,

    my grandmother’s father had two wifes. now my grand mother’s father, his both wifes & my grandmother is also died. so now all ther properties is in the hand of my grandmothers step brothers ( son form the second wife of grand mother’s father).
    now they are giving only 10% share out of total property.
    so can you please tell as per law how much share should we get form them

    thanks,
    Amol shinde

  280. Nivi says:

    My maternal grandfather has got a house by way of partition from his ancestral property in the year 1970. He died without writing a will after 7 years. He is survived by 2 sons and 1 daughter. Later my grandmother also died. The elder son’s wife after demise of her husband and the other son have partitioned the property among themselves without sharing it with the daughter (my mother)and my mother’s knowledge in the year 1999. Can we claim this property and what is the portion we are entitled to?

    Thanks
    Nivi

  281. Debanjan says:

    There is one joint property held in my fathers and mothers name. Now my father died and my mother is alive. I also have a sister. So, will the 50% of property that is there in my fathers name be distributed among my mother, myself and sister (1/3 between each one of us) and my mother will have the right for the other 50%. Please clarify. In that case, the total share for my mother will be – 1/2 + 1/6 = 2/3 and for each of my sister and myself the share will be 1/6 each. Please confirm.

  282. ram says:

    Kindly advice the right of child of grandfather property [grandfather self income property]

  283. ram says:

    My father expired few year back. My grandfather has self income property and he expired this month. Now I want to inherit the property. Is there any right of sisters in that property.

  284. venugopal R. says:

    Owner of property(self occurred)(A)died instate leaving mother, widow, and two daughters without Will. Mother and widow were died now. Dead mother of (A) has four sons and two daughters all are well settled. How can avoid giving 1/3 of share of the property of (A) to the Dead mother legal heirs through legal flexibility if any. Kindly suggest…. me….. please. (without getting release deed from them).

  285. Falak says:

    A case where according to grandfather’s will the whole of his property will be in the name of his younger grandson and after the death of grandfather the will was revealed the grandson did the procedure to completely transfer the property into his name then later he was said that he was not of their blood relation and this was informed to his lawyers the property was then transferred to the govt. kindly give an advice that whether the grandson is having any chance to get the property transferred to his name if the case is reopen.

  286. My father was late 2011. My Grandmother stay now/always her 3rd Husband house(my 3rd Grandfather house). My Father was 1st Family First son. My Grandfather Was Late 1974.Our Family member is my mother,3 brother,2 sister & me Stay My house. my question is that my grandmother my Father & Grandfather LAND Divided?. Sorry we know that My Grandmother 6/1 land Divided. but my question is my grandmother was 3rd maries she don’t accepted my Father & Grandfather asset/Land? Some advisor tale me she don’t accepted. please right answer send me MUSLIM LAW.

  287. sanjay says:

    Hi,

    As my Grantfather is died in 2010, Having 2 Children my papa& uncle. My Father doing job & uncle handling his own bussiness and also taking care of agricultureland,till date my father have not asked anything to seprate the land between both brother.Now it is suddenly came to know that my uncle have sale Some part of the land to some third party .Now my father have decided to seprate the land betwee both of them.

    So how can we distribute this land between these two ? Whether the land which is sold can be considered.

    we have to solved issue mutually with a legal knowledge.

    Please guide.

  288. josy says:

    My father made a will four years ago which stated that we children share his self acquired property equally and later in his life time he gifted a property to my mother and me.
    we both transffered the property in our name with Khatha and tax payment to the corporation.
    Now after his death my sister and brother say that since the will states that we distribute equally hence what my Dad did after writing the will cannot be treated real.
    they claim it cannot be ours.
    They say the will is ultimate and what my dad did after writing his will stands no value.
    What is the law in these situations?

  289. AAKINHAL says:

    My Father In law passed away.He had intended to gift a House to my Wife – His daughter. He had purchased this House after disposing off a Site and has distributed 50% of the sales proceed to his other daughter. In the balance 50% he sought my financial help and has got it registered in his name to gain capital gain Tax advantage. How to get the House Registered in the name of my wife? He is Survived by his widow, 2 daughters – One my wife and a second daughter.

  290. My father expired leaving behind 4 survivor viz my mother, my self and two of my brothers. Out of two brother one was married with one son and another one was un married. Now my mother and two brother also expired. My question is who will be the legal heir of my father property and what will be the distribution ratio. Thanking you.

  291. Tina says:

    Sir,
    I need an advise in a property matter let me be clear.
    The house is purchased by my mother s mother. But it’s not registered on her name its on the woman s name from whom she has purchased as it is B form.
    Now that both my grandparents have expired my youngest uncle is harassing the eldest uncle who stays in tat house to sell it or give him money or else he ll commit suicide
    Now can my mom claim for property as it is purchased by my grand mother so tat my mom can resolve problems in family

  292. K R JAIN says:

    Sir,
    I need experts advice
    A property purchased by the father and mother jointly in the name of mother and a minor child five years earlier when the age of minor was 3 years

    Now the daughter age is 8 and father mother and daughter are in joint family they are hindu

    please advice now her father and mother wanted to sell the said purchased property what are the formalities required or the rules as per hindu community

  293. raju says:

    Sir
    My grand father (mother’s father) did gift deed registration of house (66sq. Yards) on my father and mother’s name in year 1984 and in year 2005 my father expired. We are my mother, myself and my sister are legal heirs). My mother is still alive. So I want to know how the property is distributed between us. Please give advice.

  294. sir , i would like to know what will happen to the property of a hindu brahmin widow without any issues after death ? if the property is inherited by her, belonging to her late husband?

  295. Manisha Mane says:

    Sir,
    I have two brothers after my father’s death mother is nominated to property now mother wants to sell the house but one brother not giving noc. what to do plz guide

  296. Anonymous says:

    Hi,
    I am staying with my husband at his company provided accomodation. but my father in law always claims that he has full ownership on his son’s self aquired property and he can take any decision on it. H e always threatning me that I dont have any right in this house. Is it leaglly true that my Father in law is the owner of my husband’s property? or I do have also right to get ownership of my husband’s property

  297. subhash says:

    A, owner of partly self acquired property(under debt) died, leaving , one widow, one son , two minor daughters, the property is not transferred, in any names for20 years , THE LOAN of said (under loan, PARTLY SELF ACQUIRED ) entire balance of loan of property was being paid by son B , after 20 years , son also dies , leaving , widow mother, two sisters , and his widow, plus minor son and daughter and the remaining outstanding loan was also paid by deduction from terminal benefits of B , HOW TO DECIDE THE SHARES OF PROPERTY AND who are share holders of PARTLY SELF ACQUIRED property OF DECEASED A , and in what proportion. of deceased A,

  298. Mithun says:

    My Question is that
    A mother died and left behind two sons, The elder son has 5 son and the younger son has no offspring.I want to know that according to Hindu Act in India how the property of the mother would be distributed.Also out of five grand son one has died and left behind the wives and children.How it would be distributed .Please tell me.

  299. Karthi says:

    Dear Sir,

    My grandfather had two wife’s & 9 childerens (3 sons & 1 daughter for first wife and 1 son &4 daughters for second wife). Second wife also expired.

    He didn’t wrote any will before his death.My mom is daughter of first wife.
    We have filed a case in local court for legal heir certificate. And after 3 years court approved to give the legal heir certificate on 06.06.2014.

    Now my uncles (3 sons of first wife & 1 son of second wife) has appeal in court for stopping from giving the certificate.

    Also they are claiming that all property belongs to them & can not be distributed to daughters.

    Please assist me to what shout I do now.

    Thanks in advance.

  300. aryan t says:

    my mother inherited ancestor property … but my maternal uncle wrongfully took her property right… as per my mothers say he cheated her and took signatures and registered it with notery… now can we claim the same proerty.. my mother is alive

  301. Deven Rath says:

    Respected sir,
    My father has expired a year before..nd my grandfather is still alive.My grandfather is hvng 3 sons and 2 daughters. Out of which my father is the elder son…..in present cndtn it has become very dfclt for my mother nd my younger brother. .to get our bread & butter….My grandfather&my uncle’s are not giving our father’s share..and making us frustrated. …..My grandfather is having 6 acres of land in village, wch includes self acquired and forefather’s property. ……
    what are the possible ways by wch we can get our father’s share in a legal way??
    kindly give me some suggestions. ..nd what should I do to get our property. ..
    waiting for ur reply

  302. Amit Jha says:

    Sir,
    We are staying as joint family which include my father and their two brothers. Now my uncles are staying in separate houses, and my grand parents are staying with us. our house is on my grandmother’s name. Now we have family dispute and my grandmother wants to give our house to my uncles. In past this house was constructed by joint efforts of all (my father and my two uncles). Is their any law which can restrict or prohibit my grandmother to give our house to my uncles?
    Kindly give me your suggestions..

    Waiting for your reply

  303. Kavita says:

    Hello Sir/Mam,
    I want to ask you about Succession Act.
    Can a mother distribute her inherited (property got from her father) property to her kids during her life time.

    Please reply….
    Thanx :)

  304. my father died without a will.we are 5 siblings 3 brothers & 2 sisters.my father had nominated my sisters in his bank accounts and fd’s.sisters refuse to share money among siblings.my mother had also died without a will.what to do to get my rightful share?

  305. Ravi Katakpara says:

    hello Sr.
    My sister expired during pregnancy. she has little baby 5 year . i take care of here since 3 year after my sister death.my sister’s husband leave in small village . now he further marry and his wife have already 2 boy. i want to educate my Nephew and my Nephew still with me but now he took her with him and her father do not want she study much. i tried so much to convince him, i am not taking single money to take care of her, but he did not understand.and now he does not want a relationship with me. i worry about my nephew.. plz kindly request to explain me what i do now ….plzzz

  306. Your Name... says:

    sir a hai
    meri maa ka swargwas ho ga

  307. Sai says:

    My father had a small home now not in livable condition. It must be destroyed and reconstructed. We are three (1s, 2d) heirs with mother. He left no will as well.

    Since it is a small home 1200 sq ft, I (son) keep offering a share by a reasonable value ( since I have participated in upkeep of the family as bread winner, plus gave money to father for construction etc – no documents any way), sisters deny it. they want market value of the share. I was close to about 50% of the market value, since I have to invest and rebuild. they are denying me the opportunity to build and want to sell and make more money.

    Do I have right to claim my undocumented expenses on the home or the mitakshara laws are very harsh for such a toiling son? why can’t daughters too share liabilities pre 2005 amendment, if they can the profits?

    The land mafia keeps increasing market prices, and making my sisters demanding more based on what they hear about offers.

    I don’t want to sell it! or I have no choice here?

    Thanks
    S

  308. kiran says:

    My dad passed away recently and has not left a will behind. We are 4 sisters and 1 brother
    I know my legal right over my dad s property. Now my husband is forcing me to claim my share which I don’t want to. He says he
    Has equal rights over it as well. Can he legally force me to claim my share.

  309. Mr.A.Pillai says:

    Mr.Sai,

    Post 2005 amendment woman has both rights and liabilities as if she is being the karta of the family just like her brothers. Indeed she has to bear the expenses as well so as to claim the property. She will not be given special status and thus the property will be equally divided amongst all siblings. Regarding the sale of the property it has to be unanimously decided by everyone. Yes the converse is possible if one of them wants to take there share from the property and settle with the rest. Mr. Sai it is slightly difficult to show the expenses to be accounted for the division of the shares in the property. As you said you have two sisters along with your mother so the property will be equally divided between the 4 people as all of them belonging to Class-1 heir. In my opinion if you don’t to sell the property you can claim the right over the share and do so.
    For better advise consult a civil lawyer.
    Regards,
    Mr.A.Pillai

  310. mithlesh kumar says:

    land distributed between my father & uncles in 1983 by panchnama (self agreement) and now i have applied for mutation on that basis in Block but my maternal brother file complain against my application and then CO reject my application so please suggest what should we do for transfer property on my name???

  311. Dear Sir,
    My mother died recently and has made a will that land in her name may be transferred to my name.But the concerned authorities are refusing to transfer of Khatha to my name quoting that the will is not registered.PLease clarify whether the will has to be registered compulsorily as per law.please help me.

  312. Dear sir,
    Your suggestions are very helpful.Really you are doing a very noble service.
    regards
    Srinivasan K S.

  313. sonam says:

    My husband is buying a flat by taking home loan. He is the only owner of the property. Can his brother claim the property at any point of time?

  314. viresh doshi says:

    Mr.A died leaving his wife, two son,one daughter. without will but put nomination in name of one son in immovable assets. how assets can be distributed among all legal heirs.

  315. Puneet says:

    Sir,
    My father died interstate in year 2001,leaving his earned property behind – one Kothi. No will,my mother alive and we are 3 brother and 1 sister.My mother and elder brother live in this property.They are neither willing to sale nor are willing to restructure the house, How can I get my share so that I can sell or restructure my share.Can i offer them to sell their part. or I have to just wait for their consent only and till then my share remain wasted.

  316. Himani says:

    Hi,
    My father expired in october 2014. He has a land in devenhalli , karnataka , in his name. We want to transfer the ownership to my mothers name. Can you help me with the process ? We have approached the builder from whom we have bought the land , they are asking to a very high charges which includes e Khata , property tax till etc. Can you pls help me in understanding the process and the approximate cost towards it.

    Thanks
    Himani

  317. Gopal says:

    Sir,
    My friend,s Brother)(unmarried) Mr. X died in Nov. 2014 without making any WILL. Mr.X have his self acquired property and ancestral property. Mr, X parents are no more. Mr. X have one brother (Mr. A) and one sister (Mrs. B). My question is that who is entitle for property (self acquired property and ancestral property) of Mr.X. Wheather children of Mr. A and B are entitle for any share in property.

    Thanks

    Gopal

  318. shanthi says:

    hi sir/ma’am
    MR.A grandfather expired 30 years back and he had left behind wife, 5 sons and 3 daughters now B,C,D,E,F are son & G,H,I are daughters he added his sons name in the list of properties but did not make any share, C expired, B being the eldest son he expired 3 years back and left behind wife & daughter(X&Y) D,E &F told they will support for daughters education & they only gave little bit of money for education & nothing else & X&Y are leaving separately, after almost a year of B’s death grandmother died at that time X(B’s wife) asked for share they only told in words & no paper works are made, this D,E & F are not giving equal share not even in words & G,H & I are supporting them, in this case what can be done?

    thanks & regards

  319. K.Prameela says:

    Myself and my father had jointly acquired an apartment . The Undivided share is in my fathers name . Construction agreement was signed by both of us with the builder . My Father has invested his self earned money after my mother’s death . I have three brothers . My Father has prepared a will in favour of me . Can this be valid or should I go for gift deed / registering the will to avoid claim by my brothers .

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