Advocate Roshan Santhalia

Questions Answered by Advocate Roshan Santhalia

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 Roshan Santhalia answered
This is not correct. The properties will devolve to the wife of the grandfather and the 2 sons in equal shares. The property will not be transferred to Tauzi. It will be transferred to all first class legal heirs in equal shares. First class legal heirs are wife, sons and daughters.

Q: What legal actions to be taken in Dispute with neighbor

Hello, I live in builder floor in south west delhi..2nd floor, my neighbour downstairs is erecting a hanging water shed over his balcony..without prior permission of other building members.it will obstruct our view below as well as will block our space for drying cloth on wire....hence we asked him to tilt the shed at 45°...but he simply refused...and picked up a fight with us...hence we called police..the police said the shed was illegal and they can get it demolished if we ask but rather asked our neighbour to tilt the shed at 45° degree as per our convenience and took a written representation from the neighbour that he eill comply....and hence they settled the complaint.....si what are my options if my neighbour doesnt complies with his written promise...what are future actions i shall take and pls advise on the legality of such sheds....?

Advocate Roshan Santhalia answered
You have Easement rights under the Law of Easements. This is not a matter in which police can directly intervene. You will have to file a suit for permanent and mandatory injunction and get directions from the court which ensures that you Easement rights are not violated under any circumstances.

Q: Can a grandson sell his share of his grandfather's property

Please help me. Property is in the name of my grand father. My grand father has four sons. I am son of my grand father's elder son. I m 2nd in four brothers. Now, due to family tension, i want to sell my share.Can I do that?

Advocate Roshan Santhalia answered
It depends on the nature of the property. If the property was acquired before 1956, then you can very well claim for a share in the same. However, if the property is built post 1956 then you cannot claim a share in the same as the property would have been acquired by your parents as a self acquired and not an ancestral property. You can contact me for further queries if any.

Q: 1 Brother took share and not giving other 2 brothers share what to do

We are three brothers and two sisters. Our father died 2003 Mother died 2017 June House at Anand Niketan is still fathers name. we have fathers unregistered will. Sisters have written that they did not want any share in house. But bigger brother is living in one floor and rented out other floor keeping whole rent. He doesn't want to give two brothers share. Can you tell us how can we get Back our shares.

Advocate Roshan Santhalia answered
The only solution from here is to file a partition suit and in this suit to move an interim application for dividing of the rent received amongst the brothers. The property shall be divided strictly according to the will of the father and even if this will is unregistered, the same shall not make any difference as under law both unregistered and registered will enjoy the same status and have complete authority.

Q: Father expired aunt claiming property as gifted what can i do legally

If the land is self aquired property of my grandmother but the houses build in that land is by my father now both my father as well as grandmother have expired but one of my aunt claiming that it has been gifted to her as house is made by my grandmother can I claim any share

Advocate Roshan Santhalia answered
Yes absolutely. You shall have a share in the same if your father has not left behind any will wherein he has disqualified you from inheriting his property. You will have to show that your father has spent money through his personal income to construct the houses. The land even if gifted by your grandmother does not mean that the constructed house is also gifted. A property in which two people have collectively invested and owned becomes a joint property and not the individual property of your grandmother only.