Advocate G Shanmuga Sankar

Questions Answered by Advocate G Shanmuga Sankar

Q: Who have Rights over Deceased Father's Property ?

Sir, My brother in law's (sister's husband) father passed away about two years before, before he died , leased his own house.now agreement period is over, my brother in law sister's occupied that house.His father having many property like lands and houses.Brother in law's sister already takes one part of the land of father's property with the consent of him.but now trying to occupy that house without willing to give share of father's property.note that my brother-in-law's mother is innocent.she never mind about that property , so she ready to sign any documents.his sister may take it as boon to make it as legal..Kindly give your opinion in favour of my brother in law.is my sister can take any legal action?

Advocate G Shanmuga Sankar answered
I would like to know whether any will or settlement deeds executed by the deceased person. If there's any kind of settlement or will available, then those would prevail.If there's no such documents, depends on the religion the property would be divided through court.In general, every legal heir has the equal rights over the properties

Q: Partition of property among siblings after father's death

Respected Sir To my father, my younger brother, younger sister and myself are the heirs. Father expired in 1991. The properties were fully on my father's name. My brother was with my father taking care of the properties and has got two sons and till now he only enjoys the income from all the properties. I got a job in 1982 and moved out of my village and settled in a town away from my village. I have two daughters. My sister got married in 1982. Financially I only helped to my father to many of the marrieages and death events etc.that took place in our house which is being accepted by my brother too. Now, if partition is to be done, how much share each will get. Please reply Sir. Thanking you 

Advocate G Shanmuga Sankar answered
Hi,Your father died in the year1981. And you and your siblings and your mother are the legal heirs of your father.As of now, everyone has the equal share in the property.Apart from that, you can't get the expenses made out for the family. You can settle with the siblings and your mother amicably

Q: How father can succeed over grand father property already settled

My grandpa was died on 27.3.17.my grandpa was one settlement document property given to only 3 family members not give to my father. The settlement document is registered before 5 months of my grandpa death. We know that settlement document only after 5days of my grandpa death. My grandpa age is 90 above. The settlement document register grandpa signature is finger thumb only. His voter I'd only producced not attached a Aatharcard. So we need the details of how my father get the property. How we will cancel the settlement document? Please reply me answer my family is very poor we haven't own house our family dad mom and two daughters. Your answer is very helpful for our life

Advocate G Shanmuga Sankar answered
Hi,First of all, you should be clear about the health condition of your grandpa at the time of settlement. And why it was suppressed till his death? Who were the witnesses in the document? OK. If his health condition was not good at that time and he didn't have consciousness, you have to approach the court immediately to nullify the settlement deed. You have to check all other things that whether your grandpa executed or not. If not, you can take criminal legal action through police. Approach a lawyer at your convenience,nearby

Q: What is the right of sons share in fathers property

My FIL has 3 sons and he intends to give all the property to only one son due to power of influence.Can I check whether is there a legal way to send gazette to request for equal share for all the sons.

Advocate G Shanmuga Sankar answered
Well.There are two things we have to consider.whether the properties are self earned or ancestral.If the properties are self earned ,then he has full right to settle it to anyone.If it is ancestral, you can claim it through the civil court.

Q: Where can i get the sale Agreement registered.

Dear Team , Having Small doubt for sale agreement, we have plan to brought site for 11 lakhs and we paid 10 lakhs did sale agreement for 3 years , now we are ready to pay remaining one lakh and to register , but the part is not coming to register ,so we sent him notice to register . he also sent counter notice for we got only 5 lahks am not ready to register like that he also sent us notice . what i have to do further for register the site.

Advocate G Shanmuga Sankar answered
Well.I think you might have the receipt for the payment made to the vendor.You have already sent him/her the notice to complete the sale deed after getting the balance payment(1lakh only).And you have received a reply notice that they had accepted the sale agreement and there's a difference in the advance amount.OK. Here you can approach a lawyer to file a civil suit to perform the sale deed specifically.If you need any other clarification, you please send me a mail.Thsnk you.