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Indian Law/PROPERTY AND SUCCESSION LAW

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Question
My father had four younger brothers and one elder sister. We belong to Hindu religion.
My father and his sister (Aunt) alone are married and are all deceased now. Three brothers are also no more. One brother still alive.
My fatherís sister (Aunt) has got a vacant land with a house. She gave a portion of this property (Document registered as a Gift deed) to his brothers retaining a portion to her and this property is enjoyed by her three daughters now.
The deceased three brothers have not written any WILL giving the possession of their property to anybody.

My questions are:
1.    I want to know as to who is the legal person to enjoy the property of the deceased brothers of my father? (It means myself or my fatherís brother or Auntís daughters).
2.   Living brother applying legal heir to his deceased brothers (except my father) is it legally authorized?
3.   Shall I apply for legalheirs to my Fatherís brothers because of them are bachelors?

Answer
If your father died intestate,then property will devove upon his legal heirs as pr the Succession Certificate to be issued by the court.As per the said Act,his property will devove upon his first legal heirs comprising your mother and her children equally.In the absence of first legal heirs,it will devlve upon second legal heirs comprising his parents,,sisters etc.brothers So as one of the claimants can apply for the said certificate to the court.For further details,you consult a lawyer.

Indian Law

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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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