Dear Sir(s), My grandfather passed away in 2002 & left a duly registered will which mentions that: 1) All amount in bank accounts & Fixed deposits to be distributed between 2 married daughters viz my real aunts 2) All immovable properties ( mentioned in the will as well as those which may have escaped his attention but which bear his name) to be given to his grandsons viz me & my brother. Our names have been mentioned in the registered will, as recipients of all immovable property, very distinctly. As per this will, the married daughters took away the bank account balances in 2002 & since the properties were disputed / tenanted ( disputes with outsiders & not within the family) they were left unattended. Now, there are buyers for such tenanted properties, at a heavy discount, & since we no longer wish to fight legal battles over such properties, we have decided to sell them. However, the aunts are now claiming equal share for signing on the sale deed ( their names came on the 7/12 extract by virtue of the properties being passed on to my grandfather from my great-grandfather. So their names came in by virtue of being direct heirs, along with my father, who's name too is there on the 7/12.) The names were added when the death certificate of my grandfather was submitted at the Talathi circle office. My questions are: Are my aunts allowed to ask for money from such a sale? Just by virtue of their name figuring in the 7/12? If they are not allowed, what is the legal recourse that I have which will make them release their rights over such properties. Please note: My Grandfather passed away in 2002 He left a duly registered will with a doctor & lawyer as attesting witnesses. There is no prior dispute or contestation of this will. Regards.
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1) aunts don’t have share in deceased father property
2) entry in revenue records is only for payment of taxes does not confer title to property
3) apply for probate of grand father will
4) if no objections are received you would get probate in 6 months
5?if aunts object petition gets court nveted into suit and would take years to be disposed of
Hi,
1.you are right your aunt's have the rights in the ancestral property.
2.If the properties were acquired by grab father then he may make will of such distribution of immovable properties .
Your aunt would have all the right but now by virtue of latest judgement if your father died before 2005 without partition then girls can’t ask for her shares.
Good Luck...|
1. Have you got the said will probated by filing an application before the Court? With out probate, will has no value more than a scrap paper. It appears that your Aunts are taking advantage of your not obtaining probate of the will and in case there is no probated will, they get equal right in claiming their deceased father's property. However, entry in 7/12 does not indicate the title of the property but the registration of title deed and grant of probate of will does. So, apply for and avail grant of probate of the will after which apply for changing the entries in the 7/12 records and in that case your Aunts will have no right, title and interest on the said property or on its sale proceeds and you need not take their signature on the sale deed.
2. You shall have to apply for and avail probate of your grandfather's will from the Court as advised above to establish that you and your brother are the absolute owner of the said property.
Dear Client,
After death of Great grand father, property was inherited in his son ( grandfather ), no right of ur father and aunts exits. SO, above mutation in their name on the basis of direct legal heir is wrong and contrary to law of succession.
AND grand father has absolute right to WILL/dispose property in any manner,
So, WILL is duly executed and valid, and aunts have no share in the properties.
Are my aunts allowed to ask for money from such a sale? Just by virtue of their name figuring in the 7/12? ---- No, its just greed and taking advantage.
If they are not allowed, what is the legal recourse that I have which will make them release their rights over such properties. -- on the base of WILL, sell the house, let them challenge it, in court, Also, it`s deemed acceptance of WILL by them. As they taken all the monies, if they challenge the WILL, on interim measures have to return all the monies.
Please note:
My Grandfather passed away in 2002 - No matter.
He left a duly registered will with a doctor & lawyer as attesting witnesses. - Duly executed
1. No need to pay anything....Please see the following verdict: Because father of your aunts died prior to 2005.
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Your aunties do not have right to claiming share in the property. The said property already settled in your favour by a registered Will. Therefore there is no necessity to get consent from them. Your father also does not have right in the property. If they file any suit for partition, contest the suit by engaging an advocate and surely you will succeed the suit and get the property.
If this property was bequeathed to you both and you both took possession after enforcing the Will then your aunt's claim for an equal share in the property is not maintainable nor tenable in law
They do not have any rights in the property hence you don't have to be worried about taking any action as a precaution, let she approach court seeking relief which can be challenged properly.
Thank you very much for your answers, Sir(s). Basis these answers, I read a lot of material over the net & also accessed the SC order of the HSA 2005. From what I could gauge: 1) Law clearly states that it is only for Mitakshari ancestral property. 2) Law is prospective in nature. 3) Both daughter & father have to be alive in December 2004 to fall in this new law else the old law continues to be applicable viz: daughters have no legal rights over ancestral properties or their management. I'll refine my query a bit more to ensure I am treading the right path. My questions are: 1) Is such Property, which is undivided & handed down from father's father's father to us ( me & my brother), considered ancestral? 2)Can all rights over such properties be considered as conferred to me & my brother & we can do anything that we deem fit with it? 3) Grandfather passed away in 2002 with a duly registered will mentioning me & my brother's names as beneficiary of all immovable assets - do my father , living grandmother have any rights on such ancestral properties? 4) If I sell the properties & collect the cheques on me & my brother's names - is that legal or can that be considered as breaking of any law? Regards.
it is not ancestral property
2) property inherited by your grand father can be bequeathed by will to his grand sons
3) you are at liberty to dispose the property
4) your father , grand mother have no share in said properties
5) it is better you apply for probate of grand father will
6) then sell the property after getting it mutated in your name
Contact for more advise.
1. What do you mean by handed down from father's father's father to us ( me & my brother). Because handed down means transferred by some mode, i.e., partition, family arrangement or settlement etc.
If the property just devolved on the subsequent generations without any break by any such an arrangement, then the latest generation children can be considered to coparceners and the other provisions as stated by you shall be applicable.
2. First of all ascertain if it is actually ancestral property in your hands or not and then think about owning it.
In this case the property was in the possession of your grandfather as an absolute owner, hence it cannot be considered as ancestral property to you, it is just grandfather's property.
Moreover he has made a will for the disposal of the property in the manner as recited in the will, which clearly indicates that he had marketable title in the property, hence it is your grandfather's property and do not fall into the ancestral category.
3. Dont again mention it as ancestral property.
If you mention it as ancestral property then all others will have an entitlement in it for their respective legitimate share, since he bequeathed the property by will, it becomes your own and absolute property and you can, if necessary, apply for probate of will to establish your absolute ownership in respect of the property bequeathed in your favor.
4. Since the properties belong to you by a bequeath made in the will, you are the absolute owner of your share in the property, so you can very well dispose the same in the manner you may choose.
1. it is t an ancestral property if no body else can lay hand on the said unprobated will since ancestral property requires uninterrupted flow of title (which includes will also) for 4 generations i.e. from great grandfather to great grand children. The moment you claim that the property belonged to your grandfather, then it ceases to stay as your ancestral property.
2. You can do so, if you can prove that the flow of tile has not been interrupted for 4 generations through sale/gift/settlement deed or will.
3. As explained above, the will shall have to be probated and in that case it will not stay as an ancestral property but you shall be its absolute owner after getting the grant of probate.
4. You have not yet got the title of the property transferred in your name for which you can not transfer he said title to any body. The said sale will be void at law.
After due discussions within the family, the aunts have come around to accepting their weak position & are OK to sign. However, to be safe, I've submitted a copy of the will to the buyers & basis this registered will, I have requested the buyers to add a paragraph in the MOU which says " as per family's agreement & as per the registered will, all payments will be released only to the two grandsons & we have no objection to it." Aunts will be signing this MOU. My questions are: 1. My & my brother's names don't appear on the 7/12. 2. Can we accept the money from the buyers as legal heirs to the Property? ( the buyers, after scrutinizing the will, have agreed to this arrangement, as long as the aunts sign on the MOU & final registration agreed) 3. Can aunts stake a claim later, in case of any dispute? 4. Can they file a case saying "this was a cheating sale"? All documents of the aunts are being taken ( PAN , AADHAR etc) & they will also be accompanying us to the registration office, eventually.
Since this is a family arrangement you have to abide by the conditions prescribed in the family arrangement deed with regard to the disbursal of the sale consideration amount.
If they have agreed and given their consent which has been mentioned in the family arrangement deed and the same has been registered before the jurisdictional registrar's office, then they may not be able to claim, but there is no bar on them to claim anything within three years from the date of execution of this registered deed.
It depends whether what they have running in their mind even after registration.
You must carry out mutation of property in your name then sell the property
2) you can accept money as legal heirs
3) better apply for probate of will
4) aunts can file consent affidavit
5) you would get probate in 6 months
6) aunts would not be able to stake claim later
1. Just MOU and unprobated will can not covey title of a property in your favour.
2. A settlement deed is required to be registered in your favour if you do not want the will to be probated for conveying the title of the property in your name.
3. Till the title of the property is legally conveyed in your faour, you can not sell the same and also can not receive consideration for the same.
4. Your Aunts can very well file a partition suit later on claiming share of the said property challenging the sale deed which you have decided to register now.
5. They can lodge a police complaint alleging that you have illegally sold their shares of their father's property for which you shall hardly have any answer since the will will be valid only after it is probated and the MOU has not been registered in the form of a settlement deed in your favour.
Dear Sir(s),
After spending time on documents, these are the conformed findings:
Will: Does not mention the said property per se but mentions "all immovable assets to be conferred equally on me & my brother". Daughters get the movable & financial assets - which they have taken in 2002-2003 itself.
Regards property: perpetual lease rights ( 99 years lease) were acquired by my father's - father's - father ( being called great grandfather).
Great grandfather (defined as above) had two son's - A & B { B being my grandfather}
The property lease rights devolved on A & B by virtue of devolvement & not by any will or gift or decree.
"A" passed away in 2008 ( intestate) & my grandfather ("B") passed away in 2002 ( leaving behind a duly registered will, not disputed till date & basis which the daughters took their share in 2002-2003)
"A" has 3 kids.
My grandfather ("B") has 3 kids viz my father & the two aunts in question - who are demanding money.
The property lease rights devolved on heirs of "A" & my grandfather ("B") by natural process of devolvement { no partition done, no status changed, no dispute within siblings of "A" & "B", no will / gift / decree etc from either side in specific respect to this property etc}
Now, considering above status, my queries are:
1) Can this property be considered ancestral?
2) If ancestral, can my aunts demand share of money for signing? Their name came onto 7/12 by virtue of born heirs of my grandfather. My grandfather ("B") passed away in 2002, well before the Sept 2005 date decreed for the HSA 2005 applicable to ancestral properties only.
3) While the will does not mention this property in specific, it does say that " any immovable asset not mentioned in this will but found later or existing somewhere & bearing my name will be distributed equally between my son's sons" ( me & my brother's names are mentioned clearly)
I do understand, as most of you'll are advising, to get a probate done, but is a probate necessary even for such an ancestral property? ( if , as per what i have defined above, makes it ancestral, in the first place).
If probate is not required, then how do i go about selling such a place, if the aunts don't sign or sign initially & later start demanding money for the final registered sale deed?
Current status: they have signed on the sale MOU which has the paragraph of releasing payments only on me & my brother's names. This MOU has been duly notarized & also has a clause that says " all signatories will come peacefully for the final registration deed". All clauses are known & agreed upon by them.
In case, they do change their mind, what process of law can i follow? As a precaution, I'm not depositing the cheques issued to me & my brother in our respective bank accounts. I'm willing to wait till they actually sign on the final registered sale deed.
Am I in the right direction, as per the ambits of law?1) it is not ancestral property as far as your grand father is concerned
2) he could have bequeathed property to your father by will
3) it is advisable to apply for probate . it is judicial proof that will is genuine
4)terms of MOU are binding upon your aunts
5) you can deposit the cheques issued by purchasers
Hello,
Please note that in respect of the grandfather the property is not an ancestral property.
You may get the will probated which will make the same enforceable.
The terms of the mOu will be binding upon the aunts
Deposit the cheque only after the signature are made on the final registered deed.
Regards
1. If you consider the Will registered by your grand father, the property is no more an ancestral property.
2. The property is not ancestral and it has been willed in your favour for which your Aunts can not claim any share in it. In any case, you shall have to take probate of the will.
3. It is not an ancestral property and the said will registered by your grandfather is required to be probated to make it valid.
1. This cannot be considered as ancestral property because your grandfather B made a will on the his share of property, hence the link for ancestral nature was cut there and the ancestral nature extinguished.
2.The HSA amendment act will not apply to this position. Your aunts are the daughters of your grandfather hence they are entitled to a share in their father's share of property at par with their brothers as one among the legal heirs or successors in interest as per the provisions of the Hindu succession act, 1956.
3. This is not an ancestral property, you can very well obtain probate of the will by which the case can be solved, i.e., by probate the court will decide whether this property is coming under the will or your grandfather died intestate.
If your grandfather is confirmed to have died intestate then this may become ancestral property but your aunt's claim for a share in their father's share will again extinguish the ancestral character of the property
Notarised document is not legally valid and cannot be enforced in law or court hence wait for the registration to be done for encashing the cheque.