Advocate Kawaljit Singh Bhatia

Questions Answered by Advocate Kawaljit Singh Bhatia

Q: Inheritance by step children in property/immovable asset of step mothe

are step daughters entitled in the succession of property of their step mother(my mother) if she dies without any will.

Advocate Kawaljit Singh Bhatia answered
rights to a property as per Hindu succession act falls only on natural heirs. since step daughter is not a natural heirs, she will not have any right in your mother's property. if your mother has not bequeathed anything to her step daughter, she will have no right in her property

Q: Property name needs to be transferred

The owner of my Ancestral property is my father and his elder brother. Elder brother died. His family stays out of station. My father paid money to them on behalf of the property without any document but now they refuse to transfer the property. How to transfer the property in my father's name. We have the death certificate of the deceased.

Advocate Kawaljit Singh Bhatia answered
various things will need to be looked at to advise a proper course of action. it will need to be shown that funds were provided by your father and that it was intended that the transaction was a benami transaction without any intention to actually transfer the title.

Q: how to rebuild or sell ancestral property asper regd. will

My parents have expired and have left a REGISTERED JOINT WILL in the name of four children, % wise. Can any one advise what is the next course of action if the four children want to rebuild the property and acquire it %wise OR SELL it all together and acquire %age share. Different lawyers are giving different opinions.

Advocate Kawaljit Singh Bhatia answered
if there is no dispute between the children, you all may enter into a joint agreement with the builder and demarcate your shares in the said agreement only. however, since construction will take time and during that time the family branch increases, there may be disputes/ differences between you all on the one side and builder on the other, etc., etc., so it would be better to do an mou amongst yourselves first about the individual shares and then enter into agreement with the builder. proper course of action will depend upon the internal dynamics of your brothers and sisters.

Q: Property Ownership Issue - Notarised will without witness

My grandfather had purchased a property in 1957 and then made a will and a gpa in favor of my grandmother in 1992 however same is only notarised and not registered with witness field left blank. Then my grandfather died in 2000. My grandfather had 4 sons and 4 daughters.On the basis of above will my grandmother made a regitered will in my favor for the half of the house and for remaining half she didn't do anything. What can i do as first will was not signed by witness.

Advocate Kawaljit Singh Bhatia answered
there are a few queries that need to be answered before deciding the future course of action. was the will which your grandfather left acted upon? in the local authorities' office, whose name is present on records? this is legally a little complex, so therefore it would be better if steps are taken before taking proper legal advice

Q: Facing fighting problem in family

My question is what can I do against my uncle who abusing and do fighting on my mom and abused always please determine the what legal action taken by us.

Advocate Kawaljit Singh Bhatia answered
the legal action to be taken all depends on various facts and circumstances. if your uncle is abusing you and your mother physically, you have actions available in civil and criminal laws. but it needs to be understood before taking any legal action.