Property transfer
6 months ago
My father expired without writting a will. He has a self acquired property(2 storey house). Now my mother has transferred the property to her name, without me and my brother consent. Now she has decided to transfer it to my brother's name. Will the document be valid or can I file a suit against it?
A.Dear Client,
Once a self-acquired property is left by the deceased owner intestate, i..e. without any Will, then all the surviving legal heirs of the deceased owner are entitled to an equal share in the said property as per Hindu Law of inheritance. So, the transfer of title of the entire property in favour of one legal heir is undoubtedly questionable and challenging too. Except for her own undivided share in the property, your mother cannot transfer the title of the share of other legal heirs to your brother by way of a gift deed or by a relinquishment deed. So, in the prevailing situation, after obtaining a legal heir certificate from the concerned authority, you need to file a civil suit under Sec.34 of the Specific Relief Act, 1963 seeking a decree of declaration in respect of the said intestated property. It is essential for a decree under Section 34, Specific Relief Act, that the plaintiff must be entitled to any legal character to any right to property. ‘Legal character’ is a position recognized by law, and a person’s legal character is made up of the attributes that law attaches to him in his individual and personal capacity. So, reach out to an Advocate experienced in property matters for guidance and steps.
Once a self-acquired property is left by the deceased owner intestate, i..e. without any Will, then all the surviving legal heirs of the deceased owner are entitled to an equal share in the said property as per Hindu Law of inheritance. So, the transfer of title of the entire property in favour of one legal heir is undoubtedly questionable and challenging too. Except for her own undivided share in the property, your mother cannot transfer the title of the share of other legal heirs to your brother by way of a gift deed or by a relinquishment deed. So, in the prevailing situation, after obtaining a legal heir certificate from the concerned authority, you need to file a civil suit under Sec.34 of the Specific Relief Act, 1963 seeking a decree of declaration in respect of the said intestated property. It is essential for a decree under Section 34, Specific Relief Act, that the plaintiff must be entitled to any legal character to any right to property. ‘Legal character’ is a position recognized by law, and a person’s legal character is made up of the attributes that law attaches to him in his individual and personal capacity. So, reach out to an Advocate experienced in property matters for guidance and steps.
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A.Dear Client,
When a person passes away without leaving a will, their property is distributed according to the laws of intestate succession. The specific rules can vary depending on your religion and other factors. If the property was transferred to your mother's name after your father's demise, it might be important to examine whether she had the legal right to do so. The consent of legal heirs is often not required for the property to be transferred to a surviving spouse. However, the process can vary based on the specific circumstances and applicable laws. If you believe that the property transfers were made improperly or against the laws, you may consider filing a suit to challenge the transfers.
When a person passes away without leaving a will, their property is distributed according to the laws of intestate succession. The specific rules can vary depending on your religion and other factors. If the property was transferred to your mother's name after your father's demise, it might be important to examine whether she had the legal right to do so. The consent of legal heirs is often not required for the property to be transferred to a surviving spouse. However, the process can vary based on the specific circumstances and applicable laws. If you believe that the property transfers were made improperly or against the laws, you may consider filing a suit to challenge the transfers.
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