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Rights regarding will for the property for the son?
13-Aug-2023 (In Property Law)
My father had 2 property a shop and home after my father died the name on the property got transfer to my mother's name.the house is pagadi system and now there is a developer appoached for the property my mother after my father dead instead puting just her name has included my 2 younger brothers name and not my name we are 3 brothers no sister's . Mom is not ready to add my name she says it was my father's wishes to add. She is not ready to show my father's will.i doubt if there is a will.on Rent receipt they have added mom and 2 brothers name.the devoloper has made agreement permanent alternate accommodation and will be making the other agreement of the sale deed of the development of the house. As my mom not ready to give my share what my stand on this. As per our law if there is no will of my dad will the property have share of all or its only of my mom and she can give any one..what are my rightswhst the rules says..hindu religion
Hello,..if your father died intestate i.e. without making any will then property will be distributed equally among all four. if there is will then then property will go as per the will. however in Mumbai before transferring property, you have to obtain probate fro the court if there is will and letter of administration if there is no will.
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Adv. Dipika Jigar Panchmatia
Mumbai | 25+ Answers
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Both ancestral & self acquired property can be coparcenary property. while in case of ancestral property,it is equally shared by all members of the coparcenary, in case of self acquired the person is free to manage the property according to his own will. u do not know whether your father made a will or not will.u take extract of the property and also histroy of 30 years if cts extract if 7/12 extract take mutation entry below yuor name so u can understand how property to their name. if your had not made will then your mother and u and your brothers names were recorded on the extract as legal heir.
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Adv. Meena Chaudhari
Navi Mumbai | 100+ Answers
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Dear Querist,
1) as per the Maharashtra Rent Control Act the legal heirs of the tenant are included in definition of tenants (have tenancy rights)
In relation to any premises, when the tenant dies, whether the death occured before or after the commencement of the Act, any member of the tenant's family, who, --
(i) where they are let for residence, is residing, or
(ii) where they are let for education, business, trade or storage, is using the premises for any such purpose,
with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided, in the absence of agreement, by the court.
2)
a. if the property is being re-developed as per D.C.Rules 33(7) then the occupants who are certified by MHADA Authorities have right for permanent alter accommodation (if the property is situated in the limits of Gr. Mumbai and establish your occupancy rights before it)
b. if the property is situated outside the greater limits you have to establish your occupancy rights as a tenant and claim for your rights before the developer/landlord.
3) On failure to establish your occupancy rights you need to seek declaration from appropriate Civil Courts.
4) As far as tenancy law is concerned the same cannot be bequeathed under a will and you need to take appropriate steps to protect your interest.
1) as per the Maharashtra Rent Control Act the legal heirs of the tenant are included in definition of tenants (have tenancy rights)
In relation to any premises, when the tenant dies, whether the death occured before or after the commencement of the Act, any member of the tenant's family, who, --
(i) where they are let for residence, is residing, or
(ii) where they are let for education, business, trade or storage, is using the premises for any such purpose,
with the tenant at the time of his death, or, in the absence of such member, any heir of the deceased tenant, as may be decided, in the absence of agreement, by the court.
2)
a. if the property is being re-developed as per D.C.Rules 33(7) then the occupants who are certified by MHADA Authorities have right for permanent alter accommodation (if the property is situated in the limits of Gr. Mumbai and establish your occupancy rights before it)
b. if the property is situated outside the greater limits you have to establish your occupancy rights as a tenant and claim for your rights before the developer/landlord.
3) On failure to establish your occupancy rights you need to seek declaration from appropriate Civil Courts.
4) As far as tenancy law is concerned the same cannot be bequeathed under a will and you need to take appropriate steps to protect your interest.
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Adv. Jitendra Ahuja
Mumbai | 100+ Answers
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you have full tenancy rights to the property , you have to file suit in the court to enforce any of your legal your right . more accurate advice can be given only after careful study of the case . thanks and regards
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Adv. Avinash Jagannath Pawar
Mumbai | 25+ Answers
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