tranfer of immovable property?

Question

Sir

My paternal grand mother made a will of self acquired immovable property in 1987 just before her death to her 3 children(male) , of which my father( suresh) is one of the beneficiary.none to her only daughter(rajamma) who is a divorcee at that time.but "she can look after the property till her death, then after all the beneficiary can take their share as shown in the will".

Now, My father(suresh) died in 1993 and rajamma died in 2004... now we the children are eligible for our father's share of the property... since we don't have healthy relationship with other beneficiaries, we want to know ....

1)whom to approach for the transfer and making of Katha to our name.
2)what are the documents to b produced in support of the claim
3)we are three siblings, am the only son, one elder married sister and an younger unmarried sister.
4) can i transfer it into my name or to my widow mother who live with me.

thank u

vijay kumar

Answer 1

1) The said will of your paternal grandmother made in 1987, just before her death was not got probated & administration order of the property in question nor it was mutated in the name of all the three beneficiaries accordingly. 2) Since on the death of your father who died intestate (i.e. left no will) your mother, you & all your two sisters are all his legal heir According to Hindu Succession Act if you are Hindu by religion which I suppose of the share of this property that devolved to your father by virtue of the said will. Hence in order to get the said will probated now you have to file along with it death certificate of your father & list of his entire legal heir. 3) First get this probation and administration order along with other beneficiaries of the original will. On the basis of this probation & administration order, get the said property mutated in the name of all the persons concerned including the other two beneficiaries, your mother, two sisters & yourself. 4) As you say your relationship with other beneficiaries of the will is not so cordial best course for you is to sell this property & collect your 1/3 share of the amount collected after selling of this property. This 1/3 share amount belongs to all you; your mother & two sister so share amongst yourself this amount as you wish. 5) What ever I have advised you here is the easiest solution for such issues otherwise property disputes concerning inheritance, by way of successions or wills etc can take years to decide that even your grand children get benefits that you dream off now.

Answer 2

Dear friend. If you have no amicable relations serve notices on your uncles first asking partitions. If they don't agree then file a civil suit in civil court for partition You have to produce evidence regarding execution of will as per section 78 of the Evidence Act. Secondly you have to prove that your grand paternal mother had the property exclusively as self acquired.. If you do so you are sure to get success. Hope you are governed by Hindu personal law.. Your aunt had limited interest. Therefore it has come to the the uncles and your father. No problem . Be sure.Other formalities regarding relations can be made as routine.Probate or succession certificate is not required. See the state amendments in state laws.

Answer 3

1. You can approach a Civil Court and file a suit for partition or you can partition the property by compromise.
2. The original document by which your grand mother can into possession and ownership of the property, Sucession Certificate or Legal Heir Certificate from Tahsildar of your Taluk and the original copy of the Will executed by the grand mother.
3. All the Legal Heirs have to sign the Plaint if you approach the Civil Court or all of you have to sign the partition deed at the Registration ofice.
4. Question of transfer of the property arises only after the partition of the property by the Court.

Answer 4

The will through which your father acquired the share should probated in a court. Thereafter, you need to get a legal heir certificate on the demise of your father. All the legal heirs are entitled to equal share from out of the share of your father acquired through the will. The will itself a valid legal documents for the property acquired by your father.If necessary, all you the legal heirs may draw up an agreement as to how to apportion your respective shares and have it registered. Otherwise, you may all decide to dispose it of and share the sale proceeds.

Answer 5

You would have to see an attorney who deals in wills and trusts, maybe a background in real estate. the remaining beneficiary (the 3rd sibling) who remains is most likely in possession of the property, however, you'd have to go thru legal matters to petition for sale, liquidation, disbursement of the proceeds or to sell your father's 3rd or half interest in the property to the remaining sibling or other interested party.

As long as the property remains in the name of your grand mother, willed to her siblings and then his interest subsequently willed to your mother....without any name changes....all of the wills are legal/binding documents.

However, it might be a good idea to have a deed of transfer made up with your mother's name....so you dont have to go thru it later when it eventually becomes your interest.

One thing you could do is have your mother do a 'living trust'
this puts all the proper inheritors on all properties before actual death.

Answer 6

This sounds like a point of law and not something that the average person over the age of 55 would know. From a personal prospective IF the Father has not deeded the land to his Son, the son "P" has not right to sell anything as it doesn't belong to him.

Answer 7

I am not sure how that all works I would get a Lawyer and get this settled. I am sorry to hear about your losses. Keep your chin up all will work in your favor.

Answer 8

This is a serious matter. Consult a GOOD ADVOCATE.
I know only about them in DELHI-INDIA.

Answer 9

find a lawyer, a good one
and make sure u can trust him