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Transfer of property after death of the father
13-Nov-2023 (In Property Law)
I am from West Bengal and I have a brother. My father had died in January 2016. But before that, when we were young my father had attempted to murder upon my mother and then she died in hospital(then the case changed from Attempt t Murder TO Murder Charges) and then we (me and my brother) were legally undertaken by our maternal family.And then we were the witness of the incident against our father. My father had land and house but we have nothing to live in. I want to know if I can take that land in my (our) name or not ? Sr/Ma'm, Please clarify on this. And if Yes, How and what is the procedure ? because here in our village people are asking for lots of money to make "Waaris Certificate" and bringing the Original Documents from the Land Records and then they are saying that they will transfer in our name.Every time they call us they ask for money for no reason. Please help us as we have no one to consult.
There are so many legal issues which are required to be addressed to.First of all Whether the property in question was solely owned by your father.If yes, whether the said property left behind by your father is legally unsold, not gifted to anyone or not willed in favour of anyone by your father before his death.More over,it is to be confirmed whether you and your brother lawfully pronounced "Discarded Son" (tajya putra) by your father.
Before suggesting any legal course of action in the matter ,I would like to confer with you to have definite answers to the above queries.First confirm yourself and contact me through lawRato.
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Adv. Goutam Majumder
Adv. Goutam Majumder
Kolkata | 200+ Answers
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I think , only hearing the issue, no body would be able to show the actual legal remedy. You ought to consult with a advocate face to face with all documents if any. It is fact that opting proper legal recourses, you must be benefited.
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Adv. Bibhu Adhikary
Adv. Bibhu Adhikary
Kolkata | 25+ Answers
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You have not mentioned which religion you belongs to.Assuming you are Hindu,on death of your father all the legal heirs of First schedule of Hindu succession act i e wife ,sons .daughters shall get the property.Are you in possession.If not you may take recourse through civil court in consultation a local advocate.
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Adv. Samiran Chakraborty
Adv. Samiran Chakraborty
Kolkata | 25+ Answers
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You need to get a legal heir certificate done by your district court and yes there will be charges which you will pay to advocates as fees. And dear anything in this world is not for free, you will be owner of land as well as house so yes you need to pay... though not as much as they are asking for ... but there is cost for further help contact me through lawrato...
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Adv. Rahul Uday Singh
Adv. Rahul Uday Singh
Kolkata | 200+ Answers
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definitely by operation of law you and your brother, being the legal heirs of your father, have became owners of the said land left by your father please take possession of the said land at first, and if the said property is within the jurisdiction of Panchayet then you have to apply before the Prodhan and local Councillor in case of Municipal area, for getting the heirship certificate and if they are claiming a lots of money don't give a penny and draft an affidavit with the help of an advocate and make it attested by First Class Judicial Magistrate of your local court and apply for mutation in revenue records of the Govt of West bengal, and if you cant able to do all these things simply sell out the property by executing Deed of sale as per the Govt Valuation you can get the Government valuation in the website wbregistration.gov.in.
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Adv. Bibaswan Mukherjee
Adv. Bibaswan Mukherjee
Barasat | 50+ Answers
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