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Indian Law/indian law for property inheritance

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QUESTION: Hi, We have a land which was purchased by my forefathers. A will is never prepared to distribute the property. The property is always equally distributed to sons. My father got his parts in land. Now, Can he sell this property or prepare a Will of a single son name. We are 3 brothers Can we give all this land to two of his sons and evict one son from his will. Can't we claim our part in property till my father alive. Is there any way to get my part of land? Please advise.

ANSWER: In the event of death of a person, his properties pass to his legal heirs  through a WILL. In the absence of the WILL, the family members can execute a Family Settlement Deed for amicable distribution of the properties to maintain peace and cordial relation between them.In the absence of the above two documents, the wealth left by the deceased person will be distributed equally among his legal heirs as per the Succession Certificate issued by the court, for which an application has to be made to it.Further, only such properties will be inheited by his legal heirs of which he was the true owner.

You are to ascertain from the Municipal records , as on date, who is the true owner of the properties and thereafter,  only further actions could be taken in the matter.Unless your forfathers have acquired true ownership of the properties, his present legal heirs will not acquire any title-deeds to the said properties.Further,It is mandatory to register a  WILL/Family Settlement Deed comprising partition of immovable properties.

In view of the above, please consult a suitable lawyer alongwith all your relevant documents and follow his advice in the matter.

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QUESTION: thanks for reply sir, Whole scenario is as follow-


1) Property: there are lands in UP which my father got from his father and his father got from his father. The property is older than 4 generation and can be called ancestral.
2) Since till date there was no legal issue raised and none of dead forefathers wrote a will, it naturally transferred to sons name resulting final name of my father who is alive.
3) I parted away from my family. I have 2 brothers and mother father who are alive and now together in terms of opposite to me.
4) With the way, my family made several attempts to trouble my life so I have decided to break it forever and get my part in land as it is not purchased my father. I am not interested in my father purchased properties. For ancestral property, I must get my part.
Now, if my father prepares a WILL and evict me from the WILL, can I claim the ancestral property?
I understand that the WILL will be applicable after his death only. AS he is alive, can I claim my part in property? What would be better for me and how should I proceed? Also, what are motherís right over the ancestral property?
Can he sell the property? Will he need to seek our advise before selling the property?

Answer
Only the true owner of the property can transfer his right or interest in the property to others.Therefore, as long as , your father is the owner of the property , he has every right to sell it to others.For the said purpose , he is not bound to seek anybody's advice including family members.However, for the benefit of the family, you should persuade him not to sell it.Further , ownership right in the ancestral property arises only after the death of the existing owner.Therefore, if your father does not give you any share in the proposed property , then you shall have no right in the said property.Further, ownership right in any property left by the deceased will pass on to others only after his death and not before death.In the absence of the WILL, ancestral properties are distributed by the court equally to the legal heirs by the court through issue of a Succession Certificate.

In view of the above, please try to maintain peaceful and cordial relation in the family and try to convince your father not to dispose off the property.Such decision will be in the best interest of the family.

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Arun Kumar Maitra

Expertise

Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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