Results for #deceased
Legal
#deceased#property
My grandfather has a house of 101 square yards which he has distributed amongst his four sons. Since I am the only son to my deceased father, I wanted to know how can we claim for a share in the property? Please advise me on how to legally resolve this.
My grandfather has a house of 101 square yards which he has distributed amongst his four sons. Since I am the only son to my deceased father, I wanted to know how can we claim for a share in the property? Please advise me on how to legally resolve this.
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a partition suit in connection with the share held by your father in the property in question and such suit can be filed in a court within whose jurisiction the property is located.
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
#mhada#deceased
Hi Sir, I want to sublet a tenanted premise in MHADA, which is in my deceased father's name. Can you please guide me on how I can sublet the tenanted premise? Also, I want to know what are the rights of a Sublette.
Hi Sir, I want to sublet a tenanted premise in MHADA, which is in my deceased father's name. Can you please guide me on how I can sublet the tenanted premise? Also, I want to know what are the rights of a Sublette.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Subletting of the premises in MHADA would depend on weather you are a tenant of MHADA or hold the premsies on ownership basis. If the premsies held on tenancy basis, then you will not be entitled to sublet the same without written consent of MHADA.
Legal
#citizen#deceased#sell#bring#money
I am a Canadian citizen and my deceased father had bought some properties in India about 25 years ago. I wanted to if I can sell off those properties and bring the money to Canada; if I can, then how much tax will I have to pay?
I am a Canadian citizen and my deceased father had bought some properties in India about 25 years ago. I wanted to if I can sell off those properties and bring the money to Canada; if I can, then how much tax will I have to pay?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The repatriation of funds realised from sale of property in India to Canada would depend on the relevant provisions relating to regulation of foreign exchange and would also require permission from the Reserve Bank of India.
Legal
#divide#property#deceased#commercial
If both of the parents have died and they had provided the will orally and not in written, how can we legally divide the property? The deceased father had named his commercial property equally between him and his two sons, where in his part of the property was to be further named to his nephew.
If both of the parents have died and they had provided the will orally and not in written, how can we legally divide the property? The deceased father had named his commercial property equally between him and his two sons, where in his part of the property was to be further named to his nephew.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
An oral will has to be proved before a court of competent jurisdiction and a probate of the same will have to be obtained before the bequest under the Will is given effect to.
Legal
#deceased#property#divided
If there is no will left behind by the deceased for the property or wealth that is to be split between a son, a married daughter and his wife; how do the proceeds get divided between the three?
If there is no will left behind by the deceased for the property or wealth that is to be split between a son, a married daughter and his wife; how do the proceeds get divided between the three?
This question has not been answered
Legal
#flat#mumbai#transferred#ownership#transfer
We are a family of father, mother, myself (son), a brother (who passed away in 2008) and four married sisters. My father owns a flat in Mumbai. When he passed away in 2012, his will (unregistered) transferred 94% of the ownership to me, and 1.5% to each of the 4 sisters. How do I transfer this flat on to my name? The nomination is in my and my deceased brother's name.
We are a family of father, mother, myself (son), a brother (who passed away in 2008) and four married sisters. My father owns a flat in Mumbai. When he passed away in 2012, his will (unregistered) transferred 94% of the ownership to me, and 1.5% to each of the 4 sisters. How do I transfer this flat on to my name? The nomination is in my and my deceased brother's name.
This question has not been answered
Legal
#deceased#divided#property
My deceased grandfather has four sons and 2 daughters amongst which eldest son died, so my question is how do we divided his property as per the law?
My deceased grandfather has four sons and 2 daughters amongst which eldest son died, so my question is how do we divided his property as per the law?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
All legal heirs of the grandfather will be entitled to their shares in the property depending on the religion you follow, the share of the elder son who has expired will devolve on his heirs.
