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Indian Law/Property Division - Hindu



Our brother died in 1998 in an accident.  He is survived with his wife, two sons and two daughters.  His sons and daughters are all married now with children.  Just a few months before our brother's death, our father gave his ancestral property to our brother without our knowledge (Our parents had three children including our deceased brother).

Thereafter, since the family of our deceased brother was not in good terms with our parents, our parents decided to divide the balance land available among myself and my sister.  Since our father's condition was becoming critical he did not have the opportunity to do this before his death. Our father passed away in 2000. Since he had very often expressed his desire to one of his brothers, the later took the initiative to do this job in our mother's presence. Accordingly, our mother signed her 'will' in which the property was divided into three parts; one part to me, one part to my sister and one part to our mother, adding my mother's share to me after her death. Our mother passed away in 2003.

We had thus registered the property; I paid my sister against her share in the property and now the entire property is in my name.  Please note that the family members of our deceased brother were not parties to sign the document, as the document writer told us that since our brother had died before the death of our father, as per the Hindu Succession Act, the family of the deceased brother has no right to claim on the property.

I am now trying to take a bank loan on this property.  The bank has asked me to produce a relationship certificate which will show the details of my deceased brother.  Will this be a problem??
Does this mean that the family of our deceased brother do hold the right to claim on the property as against the above statement of the document writer??

I will greatly appreciate your answer.

With thanks and best regards,

The document writer is correct. As your brother had passed away before your father, his family cannot claim any share over the property provided the property was squarely in your father's name and your brother did not have a share. If your brother had a share in the property, the same becomes due after his death and his family will be entitled to get that share. Otherwise, they cannot claim any share to your father's part of the property.  

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Advocate Manoj Ambat


I can answer any questions concerning Indian Law, that may include Criminal, Civil, Matrimonial, family laws, consumer contracts, agreements personal laws including Hindu Laws and banking laws in India. I do not specialize in tax laws. DISCLAIMER: The profile and the answers given above by the expert are in conformity with the guidelines laid out by The Bar Council of India and is not intended as a means of Personal promotion nor as an Advertisement of services provided by this expert as an Advocate. The questions answered herein are free in nature and are in conformity of the legal aid programs of The Bar Council of India. Please also note that the answers given are specific to each question specified by the questioner and details provided by the same which may not reflect on the actual problems faced by the questioner. Hence it is advisable to personally consult a good Advocate/ Lawyer in your locality for solutions to your problems. The expert and this website does not undertake the accuracy of the answers herein given and the questioner's discretion is advised. FOR THE READERS: The answers given herein should not be considered as a general answer and are specific to the questions asked herein.The answers are only just path finders that leads you on the correct answers. It is always advisable to personally consult a lawyer for specific solutions to your problems


I am an Attorney/Advocate/Lawyer running independent practice having extensive practice in Criminal laws,Civil laws,Family laws,Divorce laws, Guardianship of children and minors,Consumer Laws and rights,Contracts and agreements,Property laws in Kerala,Labour laws,Medical negligence,personal laws including Hindu Laws, Tribal laws and rights and Motor Accident Claims for the past 13 years.

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