Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: Ownership of unwilled property  (Read 515 times)

0 Members and 1 Guest are viewing this topic.

Offline jontormontor

  • Newlaw
  • *
  • Posts: 4
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Ownership of unwilled property
« on: March 08, 2016, 04:25:46 AM »
Hello,

My father and his three brothers jointly constructed a house, the house has been registered under my elder uncle's name. My father (the youngest among the four ) and another uncle had passed away 1-2 year(s) back. Recently my elder uncle has passed away without any will of that house. Elder uncle was unmarried.

Hence my living uncle (because other two and my father already passed away) is claiming the property as he thinks he will be the successor the property.

Can you suggest who will be the successor according to law ?

For your info: My grandfather has 4 sons and 3 daughter.
two sons (unmarried) passed away.
My father passed away.
one uncle remains. He is married and having one children.

My two aunts (both were married) passed away. One aunt had 2 two children. Both are living.
One aunt is living and unmarried.

Thanks in advance


Offline jontormontor

  • Newlaw
  • *
  • Posts: 4
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Ownership of unwilled property
« Reply #1 on: March 08, 2016, 04:28:13 AM »
Also to inform,my living uncle had hidden the registered deed of that house saying he was not able to find it.
Though during the time of death of my elder he was present with him.

Offline rajgopal sripathi

  • Veteran at Law
  • *****
  • Posts: 281
  • Karma: +15/-19
  • Welcome to Legal Win Consulting LLP
    • View Profile
    • Legal Win Consulting LLP
Re: Ownership of unwilled property
« Reply #2 on: March 08, 2016, 08:49:31 AM »
Hi
You can file a suit for partition citing that the seed for construction of house that is registered in Elder uncle's name was from ancestral property and hence it a joint family property.

Even assuming for a fraction of second that it was a self acquired property and since he was not married at the time of his demise, all of his legal heirs(living Brothers, children of deceased brother's) will get an equal share of his property.

Your living uncle might hide the original deed, but you can get a certified copy of the deed from Sub-Registrar office and file a suit (partition or succession certificate) depending on your conviction on whether it was an ancestral property or a self acquired property.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1222
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: Ownership of unwilled property
« Reply #3 on: March 08, 2016, 09:39:34 AM »
If property is in the name of one of your uncle who died as bachelor then his heir is only mother, if she is alive. otherwise all his surviving siblings will get his property. This is the law of Hindu Succession Act. But if you want to complicate it then you can file civil suit under provisions of Benami Transactions, etc etc.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline jontormontor

  • Newlaw
  • *
  • Posts: 4
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Ownership of unwilled property
« Reply #4 on: March 09, 2016, 12:33:49 AM »
Hi
You can file a suit for partition citing that the seed for construction of house that is registered in Elder uncle's name was from ancestral property and hence it a joint family property.

Even assuming for a fraction of second that it was a self acquired property and since he was not married at the time of his demise, all of his legal heirs(living Brothers, children of deceased brother's) will get an equal share of his property.

Your living uncle might hide the original deed, but you can get a certified copy of the deed from Sub-Registrar office and file a suit (partition or succession certificate) depending on your conviction on whether it was an ancestral property or a self acquired property.

Thanks. But the property is not an ancestral property. Though everybody contributed to build the house and purchase of the land, my elder uncle bought the land initially. Then everybody contributed to build the house. As of I know, there is only one deed for the land. There is no other deed for the house, only the plan I guess.
So I assume that it is a self acquired property. Is it so ?

Offline jontormontor

  • Newlaw
  • *
  • Posts: 4
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Ownership of unwilled property
« Reply #5 on: March 09, 2016, 12:37:32 AM »
If property is in the name of one of your uncle who died as bachelor then his heir is only mother, if she is alive. otherwise all his surviving siblings will get his property. This is the law of Hindu Succession Act. But if you want to complicate it then you can file civil suit under provisions of Benami Transactions, etc etc.

Thanks, But tell me can we (me,my mother) claim a part of this property ?

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India