• Legal status

What is the legal status of a person owning the plot and groiund floor of a house..staying in the 1st floor.mothers portion with her permission...been looking after it for ten years before shifting up by paying all the maintenance of the floor...after shifting uphe gpot it fully renovated ...he is been staying up for ten years now...but unfortunately mother has passed away without leaving any will.this case is of J&,K
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

Dear Client,

No such privilege right. Property will inherit between legal heirs equally. Can claim expanses incurred on construction/renovation from other legal heirs. 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

The person has no ownership rights he was just under the permissive possession all the legal heirs will have equal share since there is no will. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

on mother demise first floor would devolve on her legal heirs 

 

in other words your father , your siblings have equal share in the first floor 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

Hello,

in case the mother has passed away without the will then the property will be divided as per the succession laws. No right will acrue for the fact that you maintained the house for 10 years.

consult some local lawyer once.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

As per Hindu Succession Act, all the siblings have equal right on the property of parents incase if she died without will.  Property will be distribute equally among all legal heirs. 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

He will be one of the legal heirs or successors in interest to succeed his share out of his mother's share in the property.

 

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

the property will be shared by all the legal hair if there is no will available and any renovation are staying in a house makes no difference.

Your claim on the property may be challenged by other legal hairs.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If mother was the owner then all the legal heirs will be equally liable to the said property in absence of will

Prashant Nayak
Advocate, Mumbai
34599 Answers
249 Consultations

1) You have legal rights in your mother's property as legal heirs as per J&K act.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

  1. As per the information mentioned in the present query, makes it clear that though you can’t ask for the share in he property just in the ground that you have been taking care of ker since long.
  2. But, yes as she has not survived by any Will, so you being the single legal heir of her, can very well apply for the share in that property/ getting it transferred to your name.
  3. You may have to first get the legal heir certificate from the Tehsildaar office, and hen should apply for the mutation of the same on your name.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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