Advocate Santhosh

Questions Answered by Advocate Santhosh

Q: Do I have rights on self-acquired property of father after his will

My father is survived by my step-brother, step-sister(both of them born to the first wife who is no more), my mother and me. My father passed away five years back leaving a will in the name of my step-brother. No share for the step-sister, my mother (Second wife) and me. It is a self-acquired property. Do we have rights to claim a share from that property? The will was written even before he married my mother. Two years back we registered the property on my step-brother's name as a gift deed since we were under financial crisis. He gave us a very uneven share though the value of property is nearly about 1 crore. Please let us know if there is a way we could get some compensating amt.

Advocate Santhosh answered
The will is legally sustainable and you cannot claim any right on the bequeathed property. Why there was a gift deed in favor of your brother, already the property was bequeathed by your father in his name and that will was not canceled. Anyway already will is in his favor and once again you gifted thr property. So you cannot legally claim any compensation.

Q: Transfer of property avoiding sale deed

Sir /Madam, Retired Govt. Employee married a woman second time first wife also alive. He had three daughters and they all married and well settled. He wants to settle two of his own properties which are self earned to his second wife. How can he transfer his property on her name avoiding sale deed. 2.is it necessary to get NOC from his legal heirs. Please suggest in these areas. Hindu religion Thanks and Regards

Advocate Santhosh answered
There is no need to get any consent from legal heirs to transfer your own property. The right of legal heirs only arise after your death. You want to transfer some of your property to your second wife, but not through sale deed. You can transfer these properties to your 2nd wife by way of gift deed.

Q: The validity of unregistered Notarised affidavit

Sir, My father died intestate. He paid cash and bought a property in my mother's name. She was a housewife . Now, after my dad's death, I signed a notarised affidavit as full n final settlement against a lump sum. I was the only signatory. Deed is unregistered. 1.) Is notarised unregistered affidavit valid? 2.) Do I have a share in my mother's property? She is still alive.

Advocate Santhosh answered
If she is alive and the property in her name at present you can't claim right over the property, otherwise you have to prove that it was a benami transaction, your father purchased the property in the name of your mother out of his income. Unregistered document only can be used for collateral purpose.

Q: Farming on ancestral property given to temple

Hi, My name is Saravana, 26 years old Engineering graduate. I seek someone's help in understanding some basic things about property law. My great great grand father had built a temple at a village and my great grand father had given some property to it (we have the documents). After that most of our families vacated the place and we didn't use/maintain it for almost 2 generations (hardly visit the temple once in 2 years). My father is now maintaining the temple for the last few years. There is a 12 acre of land around the temple which was given to the temple by my great grand father. Now, we're planning to do some farming on it. Can we make use of the land for farming? If yes, what are the documents that are required to take this further? Kindly help me in understanding the basics of property law to solve my problem. Thanks.

Advocate Santhosh answered
From your query it is not understandable whether the property and temple is in the name of your family or it gifted to some public trust. If it is in your family name, there is no need of much documents. Only get latest patta from taluk office. To verify the title apply for an encumbrance certificate. If it is in the name of diety, look into the document who is the authorized person to look after the temple and property..

Q: Legal consequences of losing a signed blank cheque

I have lost my signed blank cheque few days earlier now I have stopped that cheque through mobile banking mentioning the reason cheque lost . Will I face any legal consequences if someone deposits that cheque in bank ?

Advocate Santhosh answered
File a police complaint regarding the missing of signed blank check with its number. With the copy of FIR give a written stop payment to the bank. It is a good ground. If anyone file a case based on this check, he is liable to prove the liability