You are here:

Indian Law/FAMILY ASSETS DIVISION AFTER DEATH OF FATHER

Advertisement


Question
Re.my wife family ,
all 3 bros. +  5 sisters Plus their mother, father dies on jan 2002 and bros. have taken signatures from all the sisters on some typed papers after death of the father, he left some properties behind him like resi house. two factories and agricultural land which recently two bros sold and purchase an factory and holding the entire properties without giving any share to the all 5 sisters and one younger brother.
in above explained circumtances how will claim our share(5 sisters + one brother) in the court of law as tho bros are not going to listen verbally and are not agree to settle out mutually ?
will you suggest any lawer in baghpat (UP)?
through court of law how long time it may take and any court fees is required for the issue ?

Thanks and regards for the co-operation.
Mukesh jain

Answer
If your father died after making a WILL,then the ownership of the wealth left by him will transfer as per his last desire made in the WILL.Otherwise, the properties will be distributed equally to his legal heirs preferably class-I comprising his wife, sons/daughters etc. and otherwise class-II comprising his father,brothers/sisters etc. as per the Succession Certificate issued by the court,for which an application is to be made by the court.

Alternatively, you can execute a ''Family Settlement Deed'' to maintain peace and cordial relation in  the family and distribute the properties mutually.Even courts have recognised such mode of settlement.However, it will remain valid subject to registration.

As per law no one can transfer a better title than the true owner.Therefore, if any transfer of above properties were made by your brother without proper ownership,the said transfers will become invalid.

Apparently, yourself alongwith all your brothers ans sisters shall be  entitled to equal shares to the wealth left by your late father provided no WILL was made by him.Otherwise, it will pass on as per the WILL.

In view of the above, you please consult a lawyer conversant with property law matters alongwith a copy of the WILL and other relevant documents and follow his advice in the matter.

Indian Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.