my father and his brother had a joint residential Property in his hometown, in which both had an equal share. My father passed away last year without a will. On the other hand, my uncle is still alive and lives in his house. share of property. Can my uncle claim the entire property including my father’s share? If not, will I be entitled to my father’s share in the property? Is there anything I can legally do to prevent my uncle from making the entire claim? Property by force or through fraudulent means? – Shilpa Singh
Since your uncle is not a first-class legal heir, he cannot legally claim your father’s share of the residential property. On the other hand, you are a Class I legal the heir and other legal heirs, if any, because the property was self-acquired and your father died without a will. To prevent your uncle from usurping your father’s share of the property, you can obtain a succession certificate and file an application for transfer of property in your name, if you are the sole legal heir.
What are my coparcenary rights as compared to my brother in the property arising out of our joint family business? – Savita Sinha
As per the Hindu Succession (Amendment) Act, 2005, you will be treated as a coparcener by virtue of your birth and will have the same coparcenary rights as your brother. Therefore, you will have the same rights over the assets of the family business as your siblings.
I got married away from my hometown where my parents live. I have a brother who runs a family business with my father. Now my father says that I cannot have any share in the commercial property as I am married and at the time of my marriage I was given sufficient dowry. My brother also lives with his family in my parents’ house. The property is in my father’s name and is self-acquired. My father wants to give it to my brother without leaving any share for me, but has not written a will yet. Am I entitled to share in residential and commercial properties? — Sameera Jain
If your father leaves a will in the residential property designating your brother as the beneficiary, you will have no right over the house. If, however, he dies without a will (without a will), you being a Class I legal heir will have the same rights to the home as your brother and other legal heirs. As far as the business property is concerned, if your father has not already executed the partnership deed with your brother and dies by signing his share, you will have equal rights over that property and you will be entitled to that property. can claim.
(Disclaimer: The responses are based on limited facts provided by the questions. It is advisable to consult a legal practitioner after furnishing the complete facts and documents. The responses should not be construed as legal advice in any way.)