I want to know that my great grandfather had a property and my grandfather has two sons (my father and his brother respectively). My paternal uncle is unmarried and I’m the only child of my parents. In this case, can my father sell the property without my consent or do I have the right to claim any share in the property? ( I’m a major) .Read More

Posted at 01:39 AM, 14 Jun 19 | No Answers Yet

I want to discuss about Self earned property of my grandfather. He died in 2004 and still now property land was not split. Who are all the persons have rights in claiming the property? Kindly explain.Read More

Posted at 08:20 AM, 29 May 19 | No Answers Yet

What does the law in Kerala say in respect to "right of way". In my case, the property of my far distant cousin is situated towards the interior of our ancestral piece of land and for many years they have been using the path passing through our property. We had always allowed them right to passage but now they have gone legal to claim and get that path written out to them on papers. Also, they are asking for a wider path, which allows them to bring in truck and cars to their premise but we are not ready to give more than walking access to their home. Additionally, a year back a confrontation happened between this cousin's family (wife) and my uncle (who lives nearby) about the access to the path and this cousin's wife filed a complaint in police station stating that my uncle threatened them and also, that she is entitled to the path as she has been using it for years. Looking for expert advice and information on what law says about the basic right of way as applicable in Kerala and what should be done next, as we're looking forward to doing renovate and expand our house at the place. Thanks & RegardsRead More

Posted at 09:01 AM, 23 Apr 19 | No Answers Yet

Legistify

A father can ask his son to vacate a family home if the property is self-acquired by the father. Self-acquired property means that the property is not inherited from ancestors and the father purchased the property himself. A father cannot ask the son to leave an ancestral property as it is inherited by all the legal heirs.  A partition suit in India may be filed before a Court for the partition of ancestral property with the help of a property lawyer in India. A partition suit is essentially filed when all the legal heirs of an ancestral property are not in agreement regarding the terms of the property division. The suit must be filed in the Court which has jurisdiction over the area in which the property is situated. A legal notice to this effect must be sent to all other legal heirs and co-owners containing details regarding the property that is to be partitioned, shares of each of the owners and the course of action that is to be taken. If no response is received to such notice, a partition suit must be filed.  Read More

Posted at 08:21 AM, 10 Feb 19 | 1 Answer

Legistify

As per the inheritance laws in India and the ruling of different courts, an ancestral property cannot be sold without the permission of the court in case there is a right of minors vested in the property. The court may evaluate the necessity of the sale and may or may not allow it. If your father and grandfather sold this property for the education of minors and took the permission of court to proceed with the sale, then the sale would be valid. However, if no such permission was taken, the minors can get the sale cancelled when they attain the age of majority. For this, a property lawyer in India can be consulted. Read More

Posted at 09:58 AM, 07 Feb 19 | 1 Answer

Legistify

Since the property is inherited by the children after the death of the father and mother as per the Hindu Inheritance laws, it is an ancestral property. A will cannot be made to transfer the ancestral property and such property is divided equally between the legal heirs/ descendants of the ancestors. A will can only be made for the self-acquired property.  For more information, read: Procedure Of Will Registration In IndiaRead More

Posted at 10:04 PM, 21 Dec 18 | 1 Answer

Legistify

The Karta of a Hindu Undivided Family (HUF) has the power of alienation i.e. the power to alienate the ancestral joint property. A Karta has absolute power to manage the family property and this power cannot be challenged in a court. The coparceners, however, have the right to claim their share over the property through a partition.  Also, the Karta cannot create a Will to transfer the ancestral property to some of the coparceners and alienate the others. As per the law, the Karta's power of alienation can only be exercised with the consent of all the coparceners and only in the case when there is a legal necessity or it is for the benefit of estate. If the Karta still proceeds to alienate the property without the consent of coparceners or for any reason apart from the before-mentioned cases, the alienation becomes voidable at the option of such coparceners. For this, it is recommended to consult a good family law advocate in India to handle the property dispute in a Hindu Undivided Family.Read More

Posted at 07:21 PM, 16 Dec 18 | 2 Answers

Legistify

The Muslim laws in India do not distinguish between the inheritance rights of men and women. The Muslim Personal Law (Shariat) Application Act, 1937 is applicable when the person dies intestate i.e. without a will.  Under the Muslim law, a son gets double the share of a daughter. However, the daughter is the absolute owner of whatever property she inherits. It is legally hers to manage, control, and to dispose it off as and when she wants. The daughter has the absolute right to possess the property and prevent it from going under development. It is recommended that you consult a Muslim law lawyer in India to know more about the inheritance rights of a male and female heir under Sharia laws in India.Read More

Posted at 04:44 PM, 05 Oct 18 | 1 Answer

Legistify

In case your brothers have executed a written document for the investment, where only their name is mentioned as the investors, you will not be able to claim any share in the property. However, if a written document includes your name as a co-owner of the property, you can file a partition suit to claim your share.  You must consult a good property lawyer in India to know about the correct legal remedy for your grievance. A lawyer will check all the documents relating to the property and evaluate your share. Read More

Posted at 12:50 AM, 21 Sep 18 | 1 Answer

Legistify

You must hire the top Family Lawyers in India to help you with your legal query and to help you get the relief that you deserve. Ancestral Property is a property passed on through four generations of a family without getting partitioned or divided in any manner. Hence, for a property to be considered ancestral property, it must have acquired by your great-grandfather and then passed on through your grandfather and father to you, without being partitioned or divided at any stage. The laws and rules regarding the succession and partition of ancestral property in India are determined by the various personal laws of the land. Hence, if the property that you are talking about has gone through 4 generations, it may be considered ancestral property. You may undertake partition of the property in the following manner: Partition Deed A partition deed is executed to divide a jointly-owned property separately among the co-owners. The property is distributed amongst each of the co-owners according to their rights in the property, i.e., the share that they are entitled to. Once a partition deed is executed, each of the co-owners becomes an absolute owner of the share allocated to him/her. The partition deed must be well-drafted with the help of the best Family Law Lawyers to ensure that future litigations may be avoided. Family Settlement Agreement A family settlement agreement may be executed by the co-owners of a joint family property when they intend to divide the property amongst them mutually in peace without getting into any court dispute. Obtaining Legal Heir Certificates for each of the heirs would, however, be advised to ensure that the property partition is undertaken smoothly. Partition Suit A partition suit in India may be filed before a Court for the partition of ancestral property. A partition suit is essentially filed when all the legal heirs of an ancestral property are not in agreement regarding the terms of the property division. The suit must be filed in the Court which has jurisdiction over the area in which the property is situated. A legal notice to this effect must be sent to all other legal heirs and co-owners containing details regarding the property that is to be partitioned, shares of each of the owners and the course of action that is to be taken. If no response is received to such notice, a partition suit must be filed. Hiring the top Family Lawyers in India will help in finding the best manner to resolve your partition issue. Contact us at 011-331-38-123  or visit our website to talk to expert lawyers to resolve your legal issue. Read More

Posted at 11:52 AM, 16 Sep 18 | 1 Answer