Not giving property rights in my late father's property.

5 years ago

My father has died in childhood and my mother has taken his job( post has been degraded). My father was 4 brothers. But my mother has a 2nd marriage and my father's name has been changed in all my certificates as my mother got 2nd marriage. Will it be possible to claim my grandfather's property on the basis of my mothers compassionate job. In certificate nowhere my father(1st ) name is mentioned. I have the certificates of my late father where grandfather's name is mentioned.Just one evidence I have i.e. kundali(birth chart) where late father's name is mentioned. I have read some cases where Hindu inheritance act but have no clarity.Please guide me on this on how to proceed.
Thanks a lot
With regards
Akrit

Previous Question

Next Question

ROBERT D ROZARIO

Responded 5 years ago

A.In addition to the advice of the panel lawyers in this forum, you should not any time disclosed your educational certificate which bears the name of your second father. Otherwise the issue of adoption will come into play and your right to claim in the property (ancestral or self acquired) of biological father will cease.

Helpful

Prabhakara S K Shetty

Responded 5 years ago

View All Answers

A.As you are real biological son of the late father, the available records you have cited are sufficient to make out a good case. Your mothers compassionate job appointment also is a evidence on the point.

Helpful

Deepak Yashwantrao Bade

Responded 5 years ago

A.Yes you can claim to your grand father property under hindu succession Act.. Even Hon'ble bombay high court given landmark judgement on same matter.

Helpful

Manjula Shanmugasundaram

Responded 5 years ago

A.Despite the above issues, you can apply for and obtain a legal heir certificate for you later father mentioning your name in it. First you need to trace your birth certificate. It will definitely be available in municipality records. Similarly, your father's death certificate will also be available in the old records (either municipality or registration dept. depending on your state). You have to apply for and obtain copies. Once you obtain your birth certificate and your father's death certificate, you can obtain your father's legal heirship certificate by enclosing those. Once the legal heir certificate is in your hands, you can file a suit for partition.

Helpful

Read Related Answers

property issue

Dear Client, Firstly you have your equal right to share of your ancestral property as per the 2005 amendment act where even women have equal right in the property. additionally nobody can threaten yo...

Property

Dear Client, No other individual can sell your property without authentic documentation and consent. make sure you have had the right registered documents of the land and understand how the owner cou...

Covered garage

Dear Client, The owner of a property is liable to pay the property tax levied by the local civic body i.e, the Municipal Authority. This tax may vary from one location to another and various other fac...

Government Land Occupying

Dear Client, The Government land cannot be a subject matter of a transaction between the private parties. Instead, the Government acquires private land whenever required for public purposes under the...

Balcony extension

Dear Sir, Yes, you can do so with the formal permission of either association people or builder. You may file representation before them and get consent.

Read Blogs on Property

Property Name Transfer: Essential Steps Explained

Understanding Criminal Breach of Trust: A Legal Perspective

Explore Section 44: Transfer of Property Act Insights

India's Property Power: GPA in Property

Legal Verification of Property: Legal Mastery

Property Lawyers

Kolkata

Bangalore

Mumbai suburban

Prabhakara S K Shetty

Bangalore

View Full Profile

Arvind Tripathi

Allahabad

View Full Profile

Type of Consultation	Fees
Phone Consultation	₹	Not Yet Updated
Meeting Consultation	₹	Not Yet Updated
Email Consultation	₹	Not Yet Updated
Video Conference	₹	Not Yet Updated
Request for quotation from the Lawyer.