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  • Category: Indian Law

    Partition and right on ancestral/father property with bill or without will


    Are you wanting to understand the rules and rights regarding partition or inheritance of ancestral property? Looking out for detailed information regarding sharing, NOC and registration process? No worries, our experts shall provide detailed legal advice to proceed ahead.

    My friend has 3 siblings and he is the youngest and the only son. His father died in the year 1999 without making a will. They are staying in the property(in Kerala) acquired by his father as from his grandfather i.e. ancestral property. His sister is married and staying in the town. As of now, they don't have an objection to the property and he would like to make the registration on his mother's name and after her death on his name. He has some confusion that needs a clear answer and I would request our expert to provide answers to his query.
    a) How should he approach for registration of the property?
    b) What all documents are required for registration?
    c) Do they need to be present in front of the register during registration or only their NOC is required?
    d) Can he buy the share from his sisters by paying them the money and register it on his name?
    e) Will the bought property be called ancestral or his property and can his wife/children ask share on his bought share or only on his share that he acquired from his father?
    f) Any other rules to follow?
  • Answers

    3 Answers found.
  • As per your post, the property is ancestral property. So all the sons and daughters will have right on that property. His wife that is your friend's mother also will have tight on that. So what is to be done can't be decided by your friend unilaterally. So he had to take the opinion of a lawyer and accordingly he should act.

    First of all he should acquire a legal hire certificate and then he has to proceed. With legal hire certificate and the documents relating to the property which proves that the property is ancestral property. All the children of the land owner and their children should also present and sign on the documents. NOC is not sufficient as it is not a registered document and afterwards they may say that the letter has been taken forcefully. So their presence is very important.

    He can buy the property share of his sisters provided they are ready to sell it and a price is fixed.Then they have to come to th3 registrar's Office and sign on the papers. If your sister's are having children they should also sign to avoid problems in future as the property is ancestral property.

    Once your friend purchased the share of his sisters , it will be his self acquired property and there no tile that he has to give it to his sons and wife. He can make a will had per his choice and get it distributed as he wants.

    drrao
    always confident

  • As per the property rights rules in our country all the persons that is father, wife, sons and daughters have a right on the ancestral property and no one can take any decision regarding this until all the contenders agree for the same in a prescribed legal way. After the death of father naturally the remaining members will own it. One interesting thing regarding this issue is that the father can make a will for his self acquired property and give it to to anyone in a way as he desires but he can not do the same with the ancestral property. Ancestral property has to go to all the legal beneficiaries.

    Any decision or agreement regarding ancestral property is to be done in a legal way and every person has to give a legal undertaking and affidavit in the prescribed performa that he is giving his or her share of property to the particular person (in this case mother) in lieu of some cost or no cost. All the persons have to sign in presence of the registrar and after the documents are submitted the property will be transferred in the name of the particular person. If a person is not able to attend due to some compelling reason like medical or Govt duty then he has to give power of attorney to another person to deposit the signed documents by him in the appropriate court or registrar office for the said purpose.

    Once this process is complete, the said ancestral property becomes the self acquired property of the mother and it is up to her to make a will or distribute it as per her wishes. This is a very important legal aspect and has to be understood in its entirety. Further, every time the property is transferred from one name(s) to other name(s) the requisite fee is to be tendered in the registrar office.

    Knowledge is power.

  • As per Hindu Law, properties are categorized into ancestral property and self-acquired property. Any property inherited from generations i.e., father, grandfather, etc. is called as ancestral property. All family members have right to a share in such a property. As per your query:

    1. Your friend's father had acquired property from his father i.e. property is ancestral property. Hence, your friends, his sisters as well as his mother are having rights and share in property.

    2. Your friend's father died in 1999 hence he need death certificates of grandfather and father.

    3. As His father already died without preparing a Will. He has to obtain a succession certificate. This certificate is issued to legal heirs of a deceased. To get a succession certificate, he has to approach the District Judge of his jurisdiction to file a petition. Petition must contain the following details like time of death of his father, details of property, details of all family members, the rights of the petitioner and Absence of any impediment to the grant of certificate etc.

    4. Now he has to make a family settlement deed and clearly mentioned all details including his sisters and mother and get this document registered in Sub-registrar Office. Now the property will be registered and mutated in his mother name in all government records.

    5. He can get a draft prepared himself and then registered it in Sub-registrar Office or can take help of a lawyer. For this a nominal fee will have to be paid in registrar office.

    6. He has to take formal consent from sisters also.

    7. After completing all this process the property will be registered in his mother's name and then she can transfer this property to him or any other person to whom she wants.


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