Results for #death
Legal
#property#death#owner#valid
i want to know if this will make sense in the current scenario. The will was made by the successor of the property after the death of the original owner. The rights are given to the successor's bother's son, but now the son has 5 brothers. Is this will valid?
i want to know if this will make sense in the current scenario. The will was made by the successor of the property after the death of the original owner. The rights are given to the successor's bother's son, but now the son has 5 brothers. Is this will valid?
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, it wouldnt make much difference. All sons of the party in question could claim ownership on the basis of the terms of the Will. It would however depend on the terms contained in the Will and further, the Will will have to be probated from a Court of competent jurisdiction.
Legal
#deceased#unmarried#death#possession#property
My deceased father has an elder brother, who is 80 years old. My father had looked after him for all his life as he is unmarried. My uncle's Will named my father for all his earthly possessions but unfortunately my father died an early death and after his death my uncle named his possession in the name of a Gurudwara without our consent. We wanted to know if we are entitled to a share in his property?
My deceased father has an elder brother, who is 80 years old. My father had looked after him for all his life as he is unmarried. My uncle's Will named my father for all his earthly possessions but unfortunately my father died an early death and after his death my uncle named his possession in the name of a Gurudwara without our consent. We wanted to know if we are entitled to a share in his property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Unless the Will is probated no rights flow from the same and as such unless you or your father have applied for probate of such Will, you would not be entitled to any benefits under the Will executed by the elder brother of your father. However, even if the Will is not probated, you would still have a share in the property in view of your father being one of the legal heirs of his elder brother...
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Legal
#death#transferred#property#advice#possession
My Father had bought 2 properties in jaipur. After my Father's death my elder brother has falsely transferred one of the properties on his name. I have been living with my family in the same property for 19 years now. My elder brother has not only disconnected the electricity but also he is asking me to leave the property. Please advice as to how can I claim my father's property as I have had the possession of the property for 19 years?
My Father had bought 2 properties in jaipur. After my Father's death my elder brother has falsely transferred one of the properties on his name. I have been living with my family in the same property for 19 years now. My elder brother has not only disconnected the electricity but also he is asking me to leave the property. Please advice as to how can I claim my father's property as I have had the possession of the property for 19 years?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a civil suit in a court of Competent jurisdiction on the basis of your title or on the basis of adverse possession.
Legal
#set#rules#property#death
Are there any set of rules that are to be followed regarding the division of the property after the demise of the parents. And will the property be carried on to the children of the sister in case of her death?
Are there any set of rules that are to be followed regarding the division of the property after the demise of the parents. And will the property be carried on to the children of the sister in case of her death?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The law of succession to property would depend on your religion and the same would be governed by the concerned law of intestate succession. In the case of Hindus, the children of the sister will continue to have a share in the property even after her death.
Legal
#bank#deposit#nominee#death#money
My father and I have a bank account jointly where we maintain fixed deposit and he has updated me as nominee. Later, incase of my father's death will I be the only person to receive money or my siblings will also get?
My father and I have a bank account jointly where we maintain fixed deposit and he has updated me as nominee. Later, incase of my father's death will I be the only person to receive money or my siblings will also get?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You will be entiteld to withdraw the monies lying in the fixed dpeosit of your father on the basis of the nomination made by him, however, if your father has died intestate then all his legal heirs will be entiteld to claim thier respective shares in the estate of the father which would include the fixed depsoits made by him.
Legal
#inherited#agricultural#land#rented#tenant
Shyam's father inherited agricultural land in Patna. His father passed away in 2005. The land was then rented out by Patna court to a tenant under the "Kul kayda". The agricultural title is in his father's name but the local Talathi says that since he and his siblings didn't bother to check the land since his father's death, the land will go the tenant. He wants to know that what does the Law says.
Shyam's father inherited agricultural land in Patna. His father passed away in 2005. The land was then rented out by Patna court to a tenant under the "Kul kayda". The agricultural title is in his father's name but the local Talathi says that since he and his siblings didn't bother to check the land since his father's death, the land will go the tenant. He wants to know that what does the Law says.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The title of the land will remain with the heirs of your father however, the tenant thereon will remain a protected tenant and you will not be able to sell the property without the consent of such tenant.
Legal
#heirs#property#death
Do laws also consider the financial circumstances of the heirs, in distributing the property in the event of the death of the father without a will.
Do laws also consider the financial circumstances of the heirs, in distributing the property in the event of the death of the father without a will.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Financial circumstances of the legal heirs is of no relevance while distributing the assets of the father if he dies intestate.
Legal
#land#hyderabad#property#registered#documents
We are looking to buy a plot of land in Hyderabad. The plot is in the name of a lady who passed away some time ago. She left behind her husband and two minor daughters. If we want to get this property registered in our name, what documents do we need? Also, can the registration be done by the husband by proving the lady's death?
We are looking to buy a plot of land in Hyderabad. The plot is in the name of a lady who passed away some time ago. She left behind her husband and two minor daughters. If we want to get this property registered in our name, what documents do we need? Also, can the registration be done by the husband by proving the lady's death?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depending on the religion of the owners, the property would come to the share of the husband and the two minor daughters (if they are hindus) and the Husband for self and as father and natural guarding of his minor daughters can execute the sale deed in your favour and can also register the same. However, it would be better to cause the Husband to obtain Letters of adminsitration from a Court o...
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Legal
#property#agreement#shop#money#rent
My Father invested in a property that legally belonged to his sister without any agreement. He then started a shop so as to recover the invested money via shop rent. After my father's death my mother has been running the shop for 5 years now. Since we do not have any supporting proof or agreement is there a possibility that my cousins take any legal action on us ?
My Father invested in a property that legally belonged to his sister without any agreement. He then started a shop so as to recover the invested money via shop rent. After my father's death my mother has been running the shop for 5 years now. Since we do not have any supporting proof or agreement is there a possibility that my cousins take any legal action on us ?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, a suit for recovery of possesion of the Shop can be filed by your cousins, however any such suit would be subject to the law of limitation and would also depend on facts of each case.
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