• Inherited property

Hii,my father inherited some property from his father and now condition of my father is very critical due to he is suffering from cancer.
So what are the precaution i have to take so that me and my siblings can inherit that property from my father.
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

Dear Client,

On his intestate death, property will automatically inherit in his legal hairs equally or father can execute WILL to bequeath his property to any his child to make him/her absolute owner and disinherit other.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

on father demise your mother , you and your siblings would inherit his property if he dies intestate ie without a will 

 

20 if your father is in position to do so he can execute will bequeathing his property to you and your siblings 

 

3) will should be attested by 2 witnesses 

Ajay Sethi
Advocate, Mumbai
99946 Answers
8158 Consultations

You can execute an Registered partition deed for the same

Prashant Nayak
Advocate, Mumbai
34636 Answers
249 Consultations

After your father the said property will be distribute equally between Sons and daughters and  your mother i.e Class 1 heir. 

If it is ancestral property then your father Can not  make a will entire property to only son. 

Mohammed Mujeeb
Advocate, Hyderabad
19364 Answers
32 Consultations

See if there is no will of your father in favour of any third party then in that case you , your siblings and mother are legal heirs and you will only receive property.

Further if father in position to give consent make a will in your favour.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

Get a will from your father and after the death of your bather get the will probated and get the property transferred on you and your sibling's name. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

  1. As per the information mentioned in the present query, makes it clear that you want to avoid any future dispute with respec to the property in question.
  2. The property is of anscestral nature, so there can be no will as to the disposal of the property in anyone’s favour.
  3. Though your father if want to, may will or relinquish only his portion in the unpartioned property in anyone’s favour.
  4. Need not to worry about anything with respect to the property in question even after the heavenly boarding of your father.

But, once your father will not be in this world then you all may have to apply for the succession certificate before the court of law to get respective shares of each in the property.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

- If, a person dies without a Will, then the property will devolve amongst all his legal heirs.

- Hence, if your father is not in position to execute any WILL or other documents , then even you and your siblings will become the sharer of the property in question.

- If, your father is able to execute a Will , then execution of WILL is advisable for removing future disputes amongst you and your siblings. This WILL should be attested / signed by at least two witnesses.

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

No steps need to be taken as on demise of your father, his property will devolve on you and your siblings alongwith your mother

 

Yusuf Rampurawala
Advocate, Mumbai
7913 Answers
79 Consultations

Upon your father passing away without making any arrangement towards this property during his lifetime, the same shall devolve equally on all his legal heirs.

You can ask your father to execute a Will bequeathing the properties in the manner of his own desire to the beneficiaries of his choice, which shall be valid and enable the beneficiaries to acquire them safely.

 

T Kalaiselvan
Advocate, Vellore
90148 Answers
2504 Consultations

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