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Property matter
9 months ago
My father inherited some land in uttarakhand from his father(my grand father). He made a registered will dividing the land between his two sons. My mother lives with my brother. Thereafter, my brother included my mother's name in the land records. Can he do so without my consent ? It is challengeable? Pls elaborate.
A.Dear Client,
As per Hindu Law, the person who inherits a property from his ancestors either through a will or gift, cannot include the name of others in the said property or give away the property to someone else by making a will/gift as the next generations have equal rights on that property. Let you first confirm the documents based on which your brother has included your mother's name in the land record and challenge the same before the Civil Court.
As per Hindu Law, the person who inherits a property from his ancestors either through a will or gift, cannot include the name of others in the said property or give away the property to someone else by making a will/gift as the next generations have equal rights on that property. Let you first confirm the documents based on which your brother has included your mother's name in the land record and challenge the same before the Civil Court.
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A.Dear Client,
Inheritance and Will: When your father inherited the land from his father, it became his property. He had the right to create a will to distribute the property among his heirs as he saw fit. If he made a registered will dividing the land between his two sons, the terms of that will generally dictate the distribution.
Mother's Rights: If your mother lives with your brother and her name was included in the land records, this could have legal implications depending on the nature of her inclusion. In some cases, if a woman is the wife or mother of the owner, her name can be included in property records for administrative purposes. However, this doesn't necessarily confer full ownership rights to her.
Consent for Inclusion: In most cases, if there's a registered will and the property is being divided as per its terms, the consent of the other beneficiaries (in this case, you) might not be legally required for your mother's name to be included in the land records. The consent requirement can depend on the specific provisions of the will and local laws.
Challenging the Inclusion: If you believe that your brother has included your mother's name in the land records without proper legal justification, you might have the option to challenge it. This might involve legal proceedings to clarify ownership rights and ensure that property records accurately reflect the terms of the will.
Mutation of Land Records: The inclusion of a person's name in land records is often referred to as "mutation" or "mutation of land records." Mutations can occur due to various reasons, including inheritance, sale, or partition. It's important to understand the legal implications of such mutations and how they affect ownership rights.
Thanks
Inheritance and Will: When your father inherited the land from his father, it became his property. He had the right to create a will to distribute the property among his heirs as he saw fit. If he made a registered will dividing the land between his two sons, the terms of that will generally dictate the distribution.
Mother's Rights: If your mother lives with your brother and her name was included in the land records, this could have legal implications depending on the nature of her inclusion. In some cases, if a woman is the wife or mother of the owner, her name can be included in property records for administrative purposes. However, this doesn't necessarily confer full ownership rights to her.
Consent for Inclusion: In most cases, if there's a registered will and the property is being divided as per its terms, the consent of the other beneficiaries (in this case, you) might not be legally required for your mother's name to be included in the land records. The consent requirement can depend on the specific provisions of the will and local laws.
Challenging the Inclusion: If you believe that your brother has included your mother's name in the land records without proper legal justification, you might have the option to challenge it. This might involve legal proceedings to clarify ownership rights and ensure that property records accurately reflect the terms of the will.
Mutation of Land Records: The inclusion of a person's name in land records is often referred to as "mutation" or "mutation of land records." Mutations can occur due to various reasons, including inheritance, sale, or partition. It's important to understand the legal implications of such mutations and how they affect ownership rights.
Thanks
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A.Dear Sir,
When property is given to you exclusively nobody has right to include yours mother’s name along with you. Try to get it removed or challenge the same.
When property is given to you exclusively nobody has right to include yours mother’s name along with you. Try to get it removed or challenge the same.
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