Mohim Roy | Legistify

Mohim Roy
Answered on 12 Aug 2019

 According to the HSA, the property of a male Hindu dying intestate shall devolve upon: First, upon the heirs, being the relatives specified in class I of the Schedule which are Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a predeceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a predeceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son. Second, if there is no Class-I heir, then upon the Class-II heirs which include: Father. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter. Father’s father; father’s mother.  Father’s widow; brother’s widow. Father’s brother; father’s sister. Mother’s father; mother’s mother. Mother’s brother; mother’s sister. (In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.) Third, if there is no heir of any of the two classes, then upon the agnates (relatives on the father’s side) of the deceased; and lastly, if there is no agnate, then upon the cognates (relatives on the mother’s side) of the deceased. You can consult a family law lawyer to know more about the division of family property in India.Read More

Posted on 11 Aug 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 10 Aug 2019

The sale of the property will not be invalid since the partition deed did not mention the name of the 6th person, so this makes the registration invalid. You can get further advice on your matter from a good property lawyer. Read More

Posted on 09 Aug 2019 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 09 Aug 2019

Under HUF there are two types of property - Ancestral property- Property inherited by a Hindu from his father, grandfather or grandfather’s father, is ancestral property. Any property that passes undivided down four generations of male lineage is called ancestral property. The grandson’s right to a share in this property accrues by birth itself. This is different from other kinds of inheritance, where inheritance opens only on the death of the owner. Ancestral property rights are determined on the basis of per stirpes and not per capita. Therefore, first, each generation’s share is determined and then successive generations sub-divide what has been inherited by their respective predecessors. In an ancestral property, grandsons have an equal share on the same. According to a Supreme Court ruling, a daughter can only claim ancestral property if her father died after the amendment of the Hindu law. The apex court said that a daughter’s right to ancestral property does not arise if the father died before this amendment, which came into force in 2005. Self-acquired property- Indian law concerning Hindus is very clear that self-acquired intestate (no will document made) property only of the deceased male/female Hindu is inherited by his/her sons and daughters in equal proportion along with the surviving spouse. The grandsons or granddaughters have no right to inherit or claim any share in the property of the grandfather or grandmother if their own father or mother is alive. The grandchild does not have a birthright on the self-acquired property of the grandparent. The grandparents can transfer the property to whoever they wish in a will. So if your grandfather has ancestral property then you have a claim in the property and if its a self acquired property then you don't have any right in the property. You can consult a family lawyer in this regard. Read More

Posted on 07 Aug 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 08 Aug 2019

If your consent was not taken while rewriting a petition deed you can file suit to reclaim the property. Yes, she has to take the approval from you and from your brother. You can challenge the partition deed with the help of a property lawyer in India.Read More

Posted on 07 Aug 2019 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 30 Jul 2019

The statutory period of limitation for possession of an immovable property or any interest therein, as stipulated in section 65 of Limitation Act, 1963, is 12 years in case of private property and 30 years in case of Government/state/public property from the date since the trespasser adversely possesses the property of the true owner. However, in certain cases the limitation period is suspended and is not taken into reckoning for the calculation of the statutory period, such as when there is a pending litigation between the claimant and the owner over the same property; where the owner is of unsound mind or “Minor” or where the owner is serving in the armed services. Some of the most important aspects and requirements for acquiring title over a property by adverse possession are:- Continuity in adverse possession: The possession and occupation of the property by the trespasser/claimant must be continuous, uninterrupted and unbroken for the entire statutory period of limitation. Hostile Possession: The claimant must occupy the property for the full statutory period of limitation by knowing fully well that he/she does not have any legal right to possess/occupy that property. The intention of the trespasser must be to acquire title to the property by adverse possession against the true owner. Actual Possession: The adverse possession must be actual possession such as construction of house, erection of shed or some structure, fencing the property, grazing cattle in the land, farming and harvesting of crop in the land, planting and cutting trees etc. for the entire period of statutory period of limitation. Exclusive Possession: The claimant must be in sole physical possession of the property against the legal claim, right and title of the true owner or other claimants for the statutory period of limitation. Development of the land, construction of house or erecting boundary walls is examples of “Exclusive possession”. It must not be token possession or pseudo possession. After expiry of the statutory limitation period, there cannot be any cause of action and the adverse possessor acquires the right, title and interest of the original owner(s) of the property. He/she becomes entitled to deal with the said property in the way he/she likes or desires. For more information, you can consult our expert property law lawyer in India who will guide you in your matter.Read More

Posted on 27 Jul 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 26 Jul 2019

Property inherited by a Hindu from his father, grandfather or grandfather’s father, is ancestral property. Any property that passes undivided down four generations of male lineage is called ancestral property. The grandson’s right to a share in this property accrues by birth itself. READ: Partition of Family Ancestral Property in India This is different from other kinds of inheritance, where inheritance opens only on the death of the owner. Ancestral property rights are determined on the basis of per stirpes and not per capita. Therefore, first, each generation’s share is determined and then successive generations sub-divide what has been inherited by their respective predecessors. In an ancestral property, grandsons have an equal share on the same. You can consult our experienced family law lawyer in India who will advise and help you in your property matter.Read More

Posted on 25 Jul 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 20 Jul 2019

The ancestor's property divided equally among all of you and if there is any legal heir of your sister then the property is also divided between him also. READ: Inheritance Under Muslim Laws You can consult our top family law lawyer in India who will help you in this matter.Read More

Posted on 18 Jul 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 17 Jul 2019

Yes, In few cases step children can have rights over ancestral property. While children born of the second wife have right on their parent’s property, they do not have a direct right on the joint ancestral property, especially if the second marriage occurred without divorcing the first wife. The children are, however, understood to be legitimate and can be coparceners in father’s ancestral property if he dies intestate. READ: Partition of Family Ancestral Property in India You can consult our top curated family law lawyer in India who can guide you better in your matter.Read More

Posted on 13 Jul 2019 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 16 Jul 2019

Your sister has no right to execute any gift deed since the property is not owned by her. As per the Indian Succession Act, all the legal heirs have the right in the ancestral property. Thus, all the siblings including you have right for equal share in the property. You may file the suit before the civil court for claiming your share in the property. You can speak to our expert family law lawyer in India who will guide you for the same.Read More

Posted on 13 Jul 2019 | 2 Answers

Advocate Pallavi Tulpule | Legistify

Advocate Pallavi Tulpule
Answered on 16 Jul 2019

As per law it's ancestral property. It's not your own acquired property. So you can not executive the will.Read More

Posted on 04 May 2017 | 2 Answers