FAMILY AND BUSINESS .
05-Sep-2023 (In Family Law)
MY FATHER DIED WITHOUT WILL AND MY MOTHER IS ALSO NO MORE .
can i do business on my fathers land ? he gave the documents of the land to me before his last breath . I also have two brothers and two sisters
Yes but only after no objection from the legal heirs of your father.
I have seen judgements of the Bombay high court werr the property purchased from the shop belongs of the family property also divided among other legal heirs as the court said it was the family income and therefore the self owned property from that Income is also belongs to the family property. Meanwhile the court also divided self owned property among the other legal Heirs.
Since your parents died without will all brothers And sisters will have equal share in their entire movable and immovable and properties and you can have a settlement with your brothers and sisters in respect to the same on start the business on this land if none of them have an issue and continue
it would be better if you filed a petition for letters of administration for the land. you will not have any problems in doing business, however any government department may ask you for ownership documents in your name, which may create problems for you in the future.
The petition for Letters of administration is also advisable as you have other brothers and sisters also who also will be claiming a share in the property.
it would also be required to be seen if the property is ancestral property or self acquired property as in the former everyone would have a right and can claim partition of the property. if it is self acquired property then the process explained above would be required.
Note: Letters of administration does not give you ownership rights over the property but only powers to deal with the property.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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