Hello, The issue is that, the property is an ancestral property let us say XYZ and the father(the original owner) has died intestate in the year 2000 leaving behind his wife and 3 sons i.e A eldest, B younger than A and C the youngest. The Nominee of the property XYZ was Wife Part 1 My question was, Wife also died in the year 2005, and in her "Will" it was written that property XYZ will belong to Mr. A eldest Son. Whether this will is Valid? Since wife was not the owner of the property, she was only the Nominee Part 2 How much % share each Son will get in this property if any?? Part 3 What are the steps one should take if elder brother is not ready to give any Share in the property
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1) nominee is only trustee for legal heirs .
2) wife could not have bequeathed the entire property to eldest son . she could only have bequeathed her one fourth share in property to eldest son
3) other sons ie B , C should file suit for partition to claim their equal share in property
4) A would have 50 per cent share . other sons 25 %per cent each
1. On the death of the father the proeprty devolves in equal share on A,B and C along with their mother.
2.mere nomination does not make the the mother its sole heir.
3,hence the mother can not transfer more than her 1/4th sahre in the proeprty to anyone including her elder son.
4. So on her death the Band C shall have 1/3rd sahre while A can have 1/2 which includes his 1/4 and his mother;s 1/4.
The XYZ property has gone for redevelopment and the redevelopment work will be completed after 2months say it will be completed in August, 2017. We have already sent a legal notice to the elder son "A" but there is no reply from him and elder Son "A" has made the share certificate involving society members in the name of mother and after mother died share certificate was transferred to elder Son A without informing B and C. Part 1) What steps now we should take to stop the possession of the property. Part 2) Can we take a "stay" or Should we go to registrar? Please suggest some strick actions to stop the possession and unofficially making share certificate Thank-you
1) file suit for partition for division of property by metes and bounds
2) seek stay restraining builder from delivering possession of flat to elder brother
3) issue legal notice to society to set aside transfer of flat done in society records without notice to other legal heirs
The Will reported to have been made by mother is not valid in law because she has no marketable title.
The property will devolve equally on all legal heirs
Each one shall be entitled to one third share in the property.
If he is not allotting any share then you may file a partition suit seeking your share and separate possession
You can file an injunction suit restraining him from alienating or encumbering the property or taking possession.
You can obtain an injunction order from court and not from registrar