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Indian Law/Family Property


QUESTION: We have a house in my village which belongs to my father and my uncle(brothers).My father was working so he used to live somewhere else.My uncle stays in that house only.After retirement my father thought to go back to the village but my uncle is saying that this house is no more my father's.He dont want to give the share to my father.My father only have the handwritten document which my grandfather gave to him.My father trusted my uncle and never thought to make the documents legal.
My father with my grandfather and other family members had called panchayat to do something in this regard.Panchayat gave decision on my father's favour but then also my uncle didnt accepted that.My father is an honest man.He was a govt servant.He dedicated his life educating their children.He didnt even make his own house where we were living.Kindly suggest what should we do?

ANSWER: If a male Hindu dies without making a "WILL",then the wealth left by him are distributed amongst his legal heirs preferably equally to his class-I heirs comprising son,daughter,widow,son/daughter of a predeceased son/daughter etc. and otherwise to class-II heirs comprising father,brothers/sisters per the order prescribed in the Act.
Therefore,in the instant case,after the death of  your grand-father,if he died without making any WILL,his properties will devove in the above order equally to his class-I legal heirs.For the purpose of the Succession Certificate,one of the beneficiaries will have to apply for it before the concerned court having jurisdiction on the matter.However, if he made a WILL, then his wealth will be distributed as per his last desire made on his WILL.
Alternatively, the existing members of the family can enter into a "Family Settlement Deed" and get it registered.After execution of the Family Settlement Deed or receipt of the Succession Certificate,you are to approach the revenue authorities for making necessary changes in their records.
Further, only the true-owner has the right to decide about the utilisation of his property.If the ownership belongs to your father.then merely by occupying the said property, your uncle does not acquire any right or title on the property.However, if your father has allowed him to occupy his premises for a long time, then through adverse possession, he will acquire ownership right on the property.Handwritten document of your grand-father did not confer any right or title on the property.Only a registered transfer-deed confers such right.Decision of the Panchyat has no legal value.Further, the fact that your father dedicated his entire life towards education of his children also does not confer any right to his property.Her he has simply fulfilled his social obligations.
In view of the above,please consult a lawyer for appropriate actions.

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QUESTION: My grandfather is still alive and he is also saying that i have given this house to both of you.Infact my whole family is with us.But my uncle is not listening to anybody..
What if he has made some wrong documents and get it signed by my grandfather..because my grandfather is very old..almost in 90's..
Let me know what we can do..some suggestions to cope up with the situation..

Since his grand-father is still alive, if he has made any WILL,it will be applicable only after his death.If during his life-time, he wants to give any property to anybody incuding his children,he can do so by executing a Gift-Deed/Transfer-Deed.However, the said Deeds will be valid provided they were duly executed and registered.
Alternatively, a Family settlement Deed could be made for equal distribution of his wealth.It will also require registration.
If any document was executed through coercion,then it will become invalid.In that case , you can challenge it before the court.Moreover, the said document will not confer any right or interest unless registered.
In view of the above,please take appropriate actions on the matter in consultation with a property 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.

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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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