Share in mother's Property
Share in mother's Property
My father expired when I was 5. My mother worked hard & bought a land on which we constructed a house. Iam now married and being a daughter, can I claim a share in the property. We are 2 sisters & 3 b
2 years ago
A. You have not specified whether your mother is alive or not. If she is not alive and if she did not make and publish any Will, then her property has been devolved upon her five children,each having undivided one-fifth share therein so after her death all of you have to obtain Legal Heir Certificate to substitute the name in the Record of Rights. If they are declined to give you any share in that property,then you have to claim the Partition of your share through Partition Suit.
Advocate Sinjari Bandyopadhyaya
Government land
Hi I am doing business in government land from past 20 years now government is doing some construction work in that area,my question is that it is possible to take stay on government land or should I
2 years ago
A. Dear client,
If you have the necessary permissions to do your business there then you are not doing anything wrong. However, if you are working there without having taken the required permissions then it may prove to be a problem.
Thank you.
Father property (self-acquired)sharing
We were 3 sons. My brother got married in 2000. He has a son., Krishna. Krisna's mother died after 20days of his birth. Elder brother (Raj) did 2 marriage .Raj has 2 children with his 2 wife. He die
2 years ago
A. Dear Client,
If the property is self acquired property of your father then he can transfer it as per his will but if it is a ancestral property then all legal heirs has equal right over it and he cannot deprive anyone of that property.
Thank You.
Advocate Sinjari Bandyopadhyaya
Claim on ancestral house
Hello, our ancestral home was in my mother's name. It's the house where we all grew up as kids. I think my mother has transferred her rights to her brother, (my uncle) who's residing in that house ri
2 years ago
A. Dear client,
you have a legal claim over the property still. Even if the property transfers, your share in that property remains so you can always file a suit in the court of concerned jurisdiction and claim your property.
Thank you
Advocate Sinjari Bandyopadhyaya
Wife's rights on jointly bought properties
Husband and wife(both TN govt employees), after marriage, from self-earnings bought 4 properties jointly registered in different periods. Total sale consideration of all 4 properties amounts to 18.0 l
2 years ago
A. Dear Client,
After the husband died without leaving a Will, his undivided half share in those properties passed to his wife and mother, who are both Class I heiresses under the Hindu Succession Act, 1956, and thus the mother is legally entitled to claim either an undivided one-fourth share in those properties or the market value of such an undivided one-fourth share.
Thank you!
Advocate Sinjari Bandyopadhyaya
Succession-two witnesses when I write a will
Can I take my family members as two witnesses when I write a will
2 years ago
A. Dear Client,
You can take them as the witness but the person whom you are mentioning in the will will not be considered as witness. You need to take some other persons as witnesses to make will a valid one.
Thank You.
Advocate Sinjari Bandyopadhyaya
Acquired property- status of succession certificate
Father in law and mother in law died intestate. Property on father in law's name. One son and one married daughter. There is a widow and her daughter of the predeceased son. How many legal heirs to b
2 years ago
A. Dear client,
as there is one son and one daughter, both of them will get half equal share in the property which is undivided as of now. Succession certificate can be obtained them but it is not useful for this issue.
Thank you
Advocate Sinjari Bandyopadhyaya
Kitchen chimney outlet
What are the rules one should know before installing a kitchen chimney? Can s neighbour direct the chimney outlet towards others house?
2 years ago
A. Dear client,
there are no such specific rules for installing a kitchen chimney. The neighbour can not direct the chimney outlet towards other houses. They may just give you recommendations if they are directly affected by it.
Thank you
Name change of property
I want to apply loan for which I have colleteal security is my home which is on my father's name who is passed away we are three brothers in our family & live jointly sir what is the best option for m
2 years ago
A. Dear client,
If father died without making any will then the property will be divided between in equal share between all the legal heirs. If you want something specific property you need to get NOC signed from all legal heirs.
Thank You.
Land Acquisition
1. I have bought the land land in 2015 at a rate of 3812.5/- per square yard, the registered value of the land in the registered document is 600/- per square yard. 2. Present market value of my land
2 years ago
A. See whenever the land is acquired by government they fix up a rate for the land but the rate is almost equal to the market value (the government fixed rate, registration value) and not an arbitrary number. If they have fixed such a low value then do not accept their offer and they will be forced to increase it. If they do not do so then send a letter to the Land Acquisition Officer denying to agree the offer and sign the papers.
