• Property Laws in Uttarakhand

We are three sisters.Our father is missing from last six years.We have our house which is on our grandfather's name (he died in 2011).We are three sisters,mother and grandmother in our family.
Also two aunt ( Bua) are there but we don't have good terms with both of them.I just want to know the rights of my mother as my father is missing at the same time also want to know the rights of both the buas and grandmother.
I want to understand below points-
1)Is there any special state law in Uttarakhand or Hindu Succession Act only?
2) Who are the owners now ?
3) What is my mother's share?
4) What are my and my sisters rights on our grandfather's property?
3) What are buas rights ?
4) What certificate my mother needs to claim property and procedure to get certificate.
5) Can Bua and grand mother sell/rent out the house without our consent ?
Asked 6 years ago in Property Law
Religion: Hindu

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8 Answers

1. The special law is regarding the agricultural land only in house and other proeprties succession act shall apply.

2  See you along with sisters and mother have one share and rest two bus, and grand mother has one share each. So you along with mother and sisters have 1/4, share in the proeprty.

3. Mother has 1/16 share in total proeprty.

4. 1/16 each.

5. Bua has 1/4 share each.

6. Your mother has to file before civil court after completion of 7 years after missing report of father is filed so that court may declare his civil death.

7. They can sell there share or can file for partition of the house through court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. The Hindu succession act is common  across the country.

There is no special law for Uttrakhand 

2.  The property belonged to your deceased grandfather, hence his own legal heirs namely his wife, his children i.e., your father and his siblings shall inherit the property left behind by your deceased grandfather.

3. Your mother and you and your siblings are entitled to your father's share in the property provided your father is declared civil dead by court of law.

4. Your paternal aunts are entitled to one equal share in the property as per the equal distribution of the property among the legal heirs.

5. You can object to the same and obtain an order of injunction from court of law.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1.no

2. All have equal rights. 

3. Equal court owners

4. It's better to execute partition deed mutually. 

5. She can sell only her share not the property of your share. But being undivided it's not legal to sell joint property without consent

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

On demise of grand father your grandmother, father , 2 aunts have equal one fourth share in property standing in his name 

 

2) on your father demise your mother you and your siblings inherit father share in property 

 

3) your consent is necessary for sale of property 

 

4) if your father is missing has any police complaint been filed 6 years ago 

 

5) 

According to the provision contained in Section 108 of the Evidence Act, if before any Court a question arises as to whether a person is dead or alive, the Court can legitimately draw the inference mentioned in that section if it is proved that he has not been heard of for seven years by those who would have naturally heard of him if he had been alive.

6) you have to file suit for declaration in civil court that your father dead as he was not heard of for 7 years . rely upon missing person report filed by you in local police station seven years before

7) the Court will insist upon notice of the application upon all those persons who might become natural heirs of the deceased if the death occurred at any particular time or times during the period of the said seven years and after hearing those persons, the Court will come to the conclusion whether deceased was really dead.

8) you can on basis of said declaration obtain letters of administration from district court for father share in immovable property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hindu Succession Act will only prevail and as of now, your father along with mother and sisters will inherited 1/4th share each. Ad after 7 years of father missing, you can be declare civil dead by court. 
than his 1/4th share will inherit 3 sisters and mother by 1/4th each.

Can Bua and grand mother sell/rent out the house without our consent ? -- Yes. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hi,

The succession law applies to that state as well. The owners of the property will be your grand mother and all the successors of your grandfather. It also includes your mother. You and your sisters also have rights as it being ancestral property for you. You are suggested to have missing report of your father. Your grandmother or bua can't sell or rent the house without your consent. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

there is no such type of any separate Hindu Succession act

you and your sisters inherit father share in said property. 

As per law, daughters and mother have an equal share in the fathers inherit property as Class I legal heirs. 

without consent of all legal heirs property cannot sale. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

As per Hindu succession act the property of your grandfather will be divided among his legal heirs that is children and spouse.

Which means property will be divided in four equal parts one of your grandmother two parts of buas and one share of your father which will be divided among his legal heirs that is in four parts one of mother and three among sisters. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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