Advocate Rajeev Rajhans Pandey

Questions Answered by Advocate Rajeev Rajhans Pandey

Q: Transfer the property in absence of will

My Grandfather expried last month and having 2 sons.Now there s no will and in absence of will whats the procedure of the transfer thehe name of property on their sons individually. I asked that issue with local lawyer and they told me that first of all property will be tranfer to elder son means my tauji and after 3 days my Tauji will transfer it to my father . IS it right way of transfer? Plz suggest me about this

Advocate Rajeev Rajhans Pandey answered
No. that is not right.Property divided among class- I legal heir FIRST.Your Grand Father--------------[ 1/2 -Tau Jee + 1/2 Father] and out of 1/2 property goes to your father, it further divided into your father's sons and daughters in equal part.rgds

Q: Right of wife in father in laws's property after husband's death

What is the right of a daughter-in-law on her father-in-law’s property if her husband has died and the property in question has been her matrimonial home since marriage. Can the father-in-low sell off the property without catering for making alternate arrangement for the daughter-in-law and her children ?? They are Hindu.

Advocate Rajeev Rajhans Pandey answered
In 2016, the Punjab and Haryana High Court declared that a daughter-in-law has no right on the self-acquired property of her parents-in-law. Courts have also ruled that a widowed daughter-in-law has no right to live in her parents-in-laws property against their wishes if the property is a self-acquired property.he maintenance of wife is the personal obligation of the husband. Accordingly, Section 4 of the Hindu Adoption and Maintenance Act, any liability in respect of maintenance of daughter-in-law in the vent of the death of the son cannot be fastened upon the self-acquired property of the parents-in-law.

Q: Wants to transfer my maternal grandfather's property to my mother

My nanaji (Now no more) has left a unregistered will stating that this one particular shop belongs to my mother bearing two witnesses (Nani & One Cousin Mama) now we want to make that property registered in my mother's name d my mother have two brothers who will not provide us the NOC but the witnesses will be speaking in favour of us. Can you please provide your assistance on the below two points:- 1) Is it mandatory to get the will probated? We Belong to Jainism Family. 2) IF no then how can we proceed for the registration process that is what are the documents required or amount involved? 3) If yes then what can we do in that case?

Advocate Rajeev Rajhans Pandey answered
Probate is defined in Indian Succession Act, as “a copy of Will certified under the seal of a court of competent Jurisdiction with grant of administration to the estate of testator”. This is the official proof of the Will. Application for probate have to filed under section 222, and 276 of Indian Succession Act to probate division of High Court. The Petition for grant of probate shall also be verified by at least one of the witnesses to the will if procurable. However, this condition is recommendatory and not mandatory.Probate will be issued only to the executor appointed in the Will. If there is no provision for appointment of executor in the Will, the court will grant only letter of administration. The Will is considered to be a genuine one after the probate is granted by probate division of High Court. It binds not only the persons, who are the parties, but also others, who are not parties to the probate proceedings.There is much confusion as whether all Wills executed by Hindus, Muslims, Christians, Buddhists, Sikhs, Jains, require probate. Section 57 and read with section 213 of Indian Succession Act clears this confusion. Both the sections are reproduced alongside.Thus the obtention of probate, and letters of administration are mandatory to establish the right as executor or legatee. But the application of the sections is restricted. Act specifically exempts Mohammedans and Indian Christians. Indian Christians means a native of India, who is or in good faith claims to be of unmixed Asiatic descent and who professes any form of Christian religion.Section 57:Application of certain provisions of part to a class of Wills made by Hindus, etc. – the provisions of this part which are set out in Schedule III shall, subject to the restrictions and modifications specified therein apply:(A) To all Wills and codicils made by any Hindu, Buddhist, Sikh or Jain on or after the first day of September 1870. Within the territories which at the said date were subject to the Lieutenant-Governor of BengalOrWithin the local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Madras and Bombay;AND(B) To all such Wills and codicils made outside those territories and limits so far as relates to immovable property situate within those territories or limits;AND(C) To all Wills and codicils made by any Hindu, Buddhist, Sikh or Jain on or after the first day of January, 1927, to which those provisions are not applied by clauses (a) and (b): Provided that marriage shall not revoke any such Will or codicil. Section 213 Right as executor or legatee when established:-1. No right as executor or legatee can be established in any Court of justice, unless a Court of competent jurisdiction in India has granted probate of the Will under which the right is claimed, or has granted letters of administration with the Will or with a copy of an authenticated copy of the Will annexed.2. This section shall not apply in the case of Wills made by Mohammedans (or Indian Christians), and shall apply:(i) In the case of wills made by any Hindu, Buddhist, Sikh or Jaina where such Wills are of the classes specified in clauses (a) and (b) of Section 57;(ii) And in the case of Wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment) Act, 1962 (16 of 1962), where such Wills are made within the local limits of the ordinary original civil jurisdiction of the High Courts at Calcutta, Madras and Bombay, and where such Will are made outside those limits, insofar as they relate to immovable property situate within those limits.Probate Not Required Wills made by:1. Mohammedans.2. Indian Christians.3. Hindus, Buddhists, Sikhs, Jains.A. Outside the territories of Lieutenant Governor of Bengal as on 01/09/1870.B. Outside the local limits of ordinary original civil jurisdiction of High Court of Madras, Bombay.C. Wills in respect of immovable properties outside the above limits.

Q: Can a colony be unauthorized and the construction be authorized

is unauthorized construction related to unauthorized colony ?Can a colony be unauthorized and the construcction be authorized if its as per MCD?

Advocate Rajeev Rajhans Pandey answered
Not at all. how can a colony which is unauthorised and construction of building is authorised. No building plan can be sanctioned in unauthorised colony and even sale deed cannot be done. therefore, construction in unauthorised colony is illegal.

Q: Can girl child claim share in ancestral property

We are hindu.My father have 2 brothers and no sister.My father all through his good earning phase of 20 years supported his father with money and always respected him.he helped my grandfather build property and buy new one.my father even financed his younger brother education and always helped his brothers like in buying a new vehicle.my grandfather have promised his sister's daughter that he will arrange for her wedding and my grandmother have forced and emotionally blackmailed my father to arrange for money at that time in 1992 my father was just 2 years into his job and my mother was pregnant with my brother but due to financial pressure to gather money required for his cousin wedding so his father is not let down,my father forced my mother to abort child.now we are 3sisters and no brother.and my both uncles have sons and my grandfather don't want to give us any share in property.how can we get it?my uncles are very bad and always enjoyed on our ancestral property.p please help.

Advocate Rajeev Rajhans Pandey answered
In 2005, the Supreme Court had passed a landmark amendment to The Hindu Succession Act of 1956, granting daughters the right to inherit ancestral property along with their male relatives. But now, a 'small' clause has been added to it.A daughter can only hold a right to the ancestral property if the father has died after this amendment came into force in 2005, the Supreme Court rules. In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings.Adding that the amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have a retrospective effect, a SC bench comprising Justices Anil R Dave and Adarsh K Goel held that the date of a daughter becoming co-parcener is on and from the commencement of the Act.The Hindu Succession Act of 1956 originally denied women the right to inherit ancestral property, allowing them only to ask for sustenance from a joint Hindu family.After the amendment was passed in 2005, the only restriction to remain was that women could not ask for a share if the property had been alienated or partitioned before December 20, 2004, which is the date the Bill was introduced.But that was until the Supreme Court came up with the latest 'restriction'.Succession for a Hindu male dying intestate is thus -Children, wife and mother take the first equal share. So, if A dies intestate, his wife, daughter, son and mother, all will take 1/4th equal share in his property.There are many many other complex rules but I am not going there for the purpose of this answer. After the amendment to Hindu law, daughters take an equal share in the property.Lastly, if it is your father's self acquired property, you cannot ask for a share against his will, but if he has refused to support you, you can claim maintenance from him. Applies to both boys and girls