• Legal heirs of property

Sir/Madam, 
I have 2acrs of DKT land in Anderson Pradesh and I have patta, 1B on my name. The above land was got through registered will by my father in 1996, the entire land now acquired by govt through land acquisition for this compensation paid to me, I am one of the 5 daughters, now my 4 sisters claiming, we are also legal heirs, they said to me we will give you legal notice, seizure all bank accounts of you and recover amount which spent from compensation, is it possible to do the same through court
Asked 5 years ago in Property Law
Religion: Hindu

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16 Answers

1. if the property was ancestral, your siblings can claim the share, 

2. if the property is not ancestral and transferred in your name through registered WILL, then the WILL is binding upon the others,

3. when was the property transferred in your name and when was your father died?

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

No. Avoide them. They have no claim and nothing will seize.

If legal notice receive, reply the notice and reject their claim. They have disinherited by father.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Your sisters have no share in property inherited by you from deceased father through will 

 

2) in case any legal notice is received contact lawyer and reply to legal notice .

 

3) in case sisters claim share in property apply for probate of father will in district court . Enclose affidavit of one of attesting witness and father death certificate 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

Get a Probate of the Will first from your court.  Once you get it your sister can not claim any share in the compensation anymore. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1. NO. It is not possible to Seize or Recover or demand Compensation, by the 4 sisters, more so since the WILL is already executed and nothing is left to be done after 24 years.

2. Even IF sisters were to dispute, THEN the above is not possible on your personal assets, BUT just for harassment, SIsters can challenge the WILL.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Your sisters can file case, but will not win their claim unless they are proved the will of your father is not valid.

A Will is defined as "the legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death." In other words, a Will or a Testament means a document made by person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

Since you acquired the property through a registered Will, it becomes your own and absolute property.

Hence the compensation paid by government for acquisition of land from you shall also belong to you alone.

Do not be scared by their threats of legal notice or any other legal action, you an challenge the same on merits and documentary evidences in your support.

If you do not want to give them any share in it for courtesy sake, then you can ask them to proceed through court which you can challenge properly.

 

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

 - If, the said land was purchased by your father from his own fund , then being the self acquired property , he was having his legal right to transfer to any one as per his wish.

- Further, as you got the said property from your father in 1996, hence now this WILL is unchangeable ,because a WILL can be challenged within 12 years from the date of the death of the person.

- Hence, the limitation period of challenge the WILL has already expired . 

- Only , on the ground of legal heirs , it cannot be challenged by your sister . They have no right over the land. 

 

Good luck and dont forget to raing Positively. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Yes you can recover the same through court

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

Yes the money will be distributed equally among you all

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

The land was bequeathed to you by your father and now compensation has been paid to you for acquisition of the land. Consequently, your sisters have no right, title or interest in the land, hence they cannot claim any share in compensation also.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Whom did your father bequeath the property to?

Are you the legatee named in the Will?

Yusuf Rampurawala
Advocate, Mumbai
7901 Answers
79 Consultations

1. They can file suit against you as court cannot bar anyone from filing the case for partition of property.

2. The property belongs to you as it was inherited to your through registered will of your father.

3. Your sisters can just harass you by filing the cases but they will not get any share from property or compensation you recieved by acquisition of your property. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Madam,

You are suggested at this juncture to be proactive and file the police complaint that something untoward incident  may be done against you by them and for any such incident, the said sisters will be solely responsible. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

no need to worry there claims are not maintainable. contact local property lawyer 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Dear Madam,

Yes, all the children are legal heirs of your father. They are entitled to get compensation.

The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law:

  • Spouse of the deceased.
  • Children of the deceased (Son/ Daughter)
  • Parents of the deceased.
  • Sibling of the deceased.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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