Property Law
This query is : Resolved
30 January 2011
My mother has been expired in 1996. She was the owner of a residential house (self acquired). But she did not make any will.
We are the three legal heirs of my mother property, i.e. my father, my brother and I.
On 13.10.2008 we want to transfer the property on personals names. We went to Estate office and gave a letter for transfer. The property was transferred on 12.01.09.
In the meantime on 19.11.2008. My father make a will and give his (My father) Share to his son (My brother) without my Knowledge. And In that will my father transfer his share to my brother.
In May 2009 I and my brother sign an affidavit to my father because my father wants to take a loan from bank. But the loan was not sanctioned due to some circumstances.
Suddenly, In April 2010. My father has been expired. Now, my brother said to me, he is the owner of the full house because I am signed an affidavit. But I said to my brother, I am the half share holder of the house because my father is the owner of the house and will was made in Nov:-2008
Important Point:-
My mother Expired: - Oct 1996
Application Transfer Letter: - 13.10.2008
Will Date:-19.11.2008
Received Transfer Letter:-12.01.2009
Affidavit Sign:-may 2009
My father Expired:-April 2010.
According to official records, my father, my brother and I am the share holder of the property as per follows:-
My father:-33.33%
My brother:-33.33%
I am: - 33.34%
Q Please responds me, now I have obtained how much share from the property?
Q On the basis of the affidavit signed at home in may 2009. Is property transfer to my father?
We are the three legal heirs of my mother property, i.e. my father, my brother and I.
On 13.10.2008 we want to transfer the property on personals names. We went to Estate office and gave a letter for transfer. The property was transferred on 12.01.09.
In the meantime on 19.11.2008. My father make a will and give his (My father) Share to his son (My brother) without my Knowledge. And In that will my father transfer his share to my brother.
In May 2009 I and my brother sign an affidavit to my father because my father wants to take a loan from bank. But the loan was not sanctioned due to some circumstances.
Suddenly, In April 2010. My father has been expired. Now, my brother said to me, he is the owner of the full house because I am signed an affidavit. But I said to my brother, I am the half share holder of the house because my father is the owner of the house and will was made in Nov:-2008
Important Point:-
My mother Expired: - Oct 1996
Application Transfer Letter: - 13.10.2008
Will Date:-19.11.2008
Received Transfer Letter:-12.01.2009
Affidavit Sign:-may 2009
My father Expired:-April 2010.
According to official records, my father, my brother and I am the share holder of the property as per follows:-
My father:-33.33%
My brother:-33.33%
I am: - 33.34%
Q Please responds me, now I have obtained how much share from the property?
Q On the basis of the affidavit signed at home in may 2009. Is property transfer to my father?
31 January 2011
Hi Harpeet
As per Hindu Succession Act your father is Class II heir. It means he will have share only if your mother does not have any children.
Hence you and your brother are the only children you both are the heir.Hence you have 50% share in the property.Your father has no right on the property.
More over your affidavit favouring your father has not been registered hence you have 50% share in the property.
If my advice helps you kindly donate Rs.1000 to a orphanage.
As per Hindu Succession Act your father is Class II heir. It means he will have share only if your mother does not have any children.
Hence you and your brother are the only children you both are the heir.Hence you have 50% share in the property.Your father has no right on the property.
More over your affidavit favouring your father has not been registered hence you have 50% share in the property.
If my advice helps you kindly donate Rs.1000 to a orphanage.
01 February 2011
Plz explain how can it come in Class II heirs? and one thing more ths property is now as per official record shows the share of my father. then how can i get it back?
I will do for orphanage.
I will do for orphanage.
01 February 2011
Hi,
Kindly buy Hindu Succession Act bare act from a law book seller or see it in net.There will be schedule to the Act.In that schedule you will find the list of Class I and Class II heirs. Moreover the share received by your father due to your mothers death is illegal.It is because as a class II heir he can get the property only if your mother does not have children (children are Class I heirs).
Also consult a good civil advocate in your area by keeping my points in mind
Kindly buy Hindu Succession Act bare act from a law book seller or see it in net.There will be schedule to the Act.In that schedule you will find the list of Class I and Class II heirs. Moreover the share received by your father due to your mothers death is illegal.It is because as a class II heir he can get the property only if your mother does not have children (children are Class I heirs).
Also consult a good civil advocate in your area by keeping my points in mind
01 February 2011
"Also consult a good civil advocate in your area by keeping my points in mind
-Sivasankar"
If you want to get 50% share in your mother's property, for which you were legaly entitled, as expert Sivasankar has opined, you must follow his advise.
Matters related with affidavit can be easily sorted out by a civil advocate.
-Sivasankar"
If you want to get 50% share in your mother's property, for which you were legaly entitled, as expert Sivasankar has opined, you must follow his advise.
Matters related with affidavit can be easily sorted out by a civil advocate.
01 February 2011
hello sir,
I check the HINDU SUCCESSION ACT, in the schedule it is mentioned that it is related to Sec.8 which is related to hindu male. plz clarify me?
I check the HINDU SUCCESSION ACT, in the schedule it is mentioned that it is related to Sec.8 which is related to hindu male. plz clarify me?
01 February 2011
Sir,
Kindly read section 16 with section 15 and do accordingly.Moreover there are particular amendments by states to the act.Hence the applicability differs according to the state you stay.
Please consult an advocate in your area
Kindly read section 16 with section 15 and do accordingly.Moreover there are particular amendments by states to the act.Hence the applicability differs according to the state you stay.
Please consult an advocate in your area
01 February 2011
sir plz give ur view accoding to these sections. is my father entitled to take share or not?
01 February 2011
Sir,
As per sec 16 your father also has right.You have 33.33% and your brother has 67.67%.Check your state amendments.
As per sec 16 your father also has right.You have 33.33% and your brother has 67.67%.Check your state amendments.
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