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Indian Law/Regarding Property


Hello, Sir I want to know few things- We had a home which was purchased by our grandfather.
My Grandfather has 4 Sons(all married) and 1 daughter (married). All of them live Separetely. Since all of my uncles left that house, Our Grandfather and granmother left that home and used to live with ous in our house, but they were  not happy here with ous as they had less freedom and our house had only 2 rooms.  So he moved back to his own house.
Now from nowhere our Bhua (Granfather daughter) came and made their mind to Sell the Property and she will take them with herself..
Can they Sell the property ? without giving any share to all of his sons and grandchidren ?
Do we have any legal right on that property though he don't want to give it to ous ?
Kindly Let me know ll the possible ways.

If a man dies intestate, then after his death, his wealth passes to his legal heirs preferably class-I comprising widow,sons/daughters etc.and otherwise to class-II comprising his father, brothers/sisters etc.on the basis of the Succession Certificate issued by the court.However, if he has made a WILL, then his wealth will be distributed to persons as per his last desire made in it.For the purpose of execution of the WILL, it is required to be probated.
Now,in the instant case,if your grand-father died after making a WILL ,then after his death, his wealth will pass to persons as per his last made WILL.Otherwise, they will devove as per the Succession Certificate to be issued by the court. However, his daughters will get equal shares in the wealth provided he died after coming into effect the Hindu Succession (Amendment)2005 i.e. after 9-9-2005 and if not ,then they will have no shares in the said properties.For further details, please consult a suitable lawyer.

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Arun Kumar Maitra


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.


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.

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



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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