Dear Sir / Madam\nLast will of my father has below clause\n\n"I bequeath all the properties mentioned above (immovable properties) to my wife XXX for her life absolutely and thereafter to my son XXX to the exclusion of all"\n\nMy mother is intending to sell the properties without my consent. Intention of the will is for her to enjoy the properties till she is alive and then it passes on to me. \nPlease advise if she is rightful in selling the properties or do i have any legal recourse?
Let us first see the language in the Will. Upon due observation of the Will, we will be able ro advise you accordingly. We see a good reason upon your explanation, to object the actions of your Mother, which can be objected and can bring inn a legal embargo to the entire sale process.
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Hi... I and my daughter are co-owners of the flat we are living in. My question is, will my daughter automatically become the sole owner of the flat in case of my death? Or do I need to nominate her?
Well, in case of Co Ownership the Flat, upon death of one of the Owner, the property of the deceased stands to be claimed by the Legal heirs of the deceased at the time of death.
An ideal opinion from our end would be to file the nomination to avoid any controversy. Get nomination done for both you and your daughter to avoid any complications. I also suggest to prepare a Will and get the same registered, to include other assets which may form a part of the succession.
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How to find the case number for probate which I applied in Mumbai high court 2 yrs back. Forgot it due to covid
You nay approach your advocate who has filed it. There is a way to visit the Bonbay High Court website and find it by Casw status- Name search. Seek assistance of an legal practitioner it may help you address all your post filing issues/ objections as there are several processes to be followed post filing.
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can I make an affidavit of disowning my parent, so that after leaving home they won't be able to register an FIR? Also is there any way i can submit my affidavit online to police station so that they don't register FIR. (Note - I am 22)
Well, law does not permit you to disown your Parents who have given you this life. the question is absurd. It appears you are disgrunted with some issue and addressing it by talking or through a Mentor or mediator would also help. Running away from a situation is not the answer to your questions, it's an act of a Coward. Trust me .. try resolving issues rather than living with them.
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I want to get separated from my brother ,My mother is not allowing and my father is no more. Is their any way to get separated?
Hi, you may first wish to understand the Father's assets since I assume that your father has not left a Will. Seek administration of your Father's assets and thereafter seek Partition. This will enable you to Alfred's your issue and also not allow them to deal with it.
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My father died interstate leaving only two heirs behind me ( daughter ) and my mother however my mother doesnt wish for me to get a share in my father’s estate. Im aware you can file a partition suit but my mothers advocate is prone to illegal activity and therefore, going to court is a risk. My question is, since the owner of property is my deceased father ( and all bills are paid in his name ) , can my mother ( illegally ) get ownership and cut me out of the shares im owed? Or is that completely impossible.
Well, you as a legal heir have 50% rights in the Father's estate by birth, since your father has died intestate. Even if the mother is trying to take away your share, the same can be objected by issuing objection letters to concerned Society / Association, Bank as well as all Movable and Immovable assets of your late father. Immediately, file for Administration before court and bring in all properties into the application. Partition may be sought at later date. Get administrator rights secured by court.
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If a father has purchased a land property only in the name of eldest son (out of seven sons) who was minor at the time of purchase and that son after becoming major claims that entire property belongs to him and not all, in this case, can other six brothers have any right or share in that property though all of them and their families live in the same building since their childhood till today and the land was purchased in 1970.
Certainly, the same can be litigated in view of the occupation possession and use for past so many years. The succession can be shown as a part of the family settlement which is being practiced in actual. It's It's family Dwelling home. Each party in the house is a gratuitous tenant of the Father and brother. There has been acquiescence of past so many tears
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hi, I am Muslim .We are 4 sisters& want to know about our right &share in our ancestral ptoperty( house & office & even village bungalow) it all belongs to my grandfather..Now after my dad demise my brother is not giving our sister share... so what we should..kindly guide us.
Hello,
While we assume uou are a Sunni family.
Muslim does not create any distinction between the rights of men and women. On the death of their ancestor, nothing can prevent both girl and boy child to become the legal heirs of inheritable property. However, it is generally found that the quantum of the share of a female heir is half of that of the male heirs. The reason ehind this is that under the Muslim law a female shall upon marriage receive mehr and maintenance from her husband whereas males will have only the property of the ancestors for inheritance. Also, males have the duty of maintaining their wife and children.
Hope this clarifies your query.
Sarthak Shah
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My wife wants a divorce and we are filled with mutual consent. Now I have a property in Mumbai with 3 names Me, my Wife, and Dad. Now the wife is ready to give her share without any condition. And I have taken loan on the property so how we can transfer her share to me as a gift deed, how much stamp duty to pay, and how much charges it will take.
Hi,
In an ideal situation firstly execute a Family settlement document to capture every aspect of final process. Ideally before the Decree of Divorce is pronounced, get a Gift Deed registered of wife's share in the said Flat. Inform the Bank to ensure necessary NOC is issued by them before registration. Gift Deed will not attract Major amounts.
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My father’s flat brought in 1980s has been transferred in my sister and my name by society. He left without will. Now I want to sell my share to my sister so want to execute relinquishment and want to know stamp duty and other implications in Mumbai
Hi,
you may go ahead with the Gift Deed and register it. While we assume that your sister is younger to you stamp duty would be waived as per current Norms. INR 200 would be attracted and Registration charges, agency fees and attorney fees. Else execute a sale deed between you both and pay a consideration which can be shown in tax.5% stamp duty and registration charges will be applicable.
Moreover, you may also inform the society accordingly once done and complete the process.
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