What Should I Do If Someone Gets On His Name The House Of My Late Father ?

Transferring the immovable property including flats, apartments or land is a complex matter which involves a great amount of paperwork, legal complexities as well as tax implications.

The law of succession regarding the property depends upon the issue, if a will has been executed by the deceased or not. Succession of property of Hindus ( including Buddhists, Jains and Sikhs) is governed by the Hindu Succession Act, 1956, the Indian Succession Act, 1925, is applicable on the rest of the population.

Kinds of Succession-

  •  Intestate Succession- when succession is done without a will
  • Testamentary Succession- when succession is done as per the will made by the deceased. 

What is Will ?

A will is an official documentation of the transfer of property a person wishes to make in favour of his family or friends. Generally, property rights are transferred in the favour of the legal heirs of the owner as per the provisions of the law. However, a will is filed to avoid any legal complication which may arise after the death of the owner. 

Succession without a will- 

If the owner of the property does not leave behind any will, then in such a situation the legal heirs will inherit the assets as per the provisions of the Hindu Succession Act, 1956 in a prescribed order. 

Rights of the children after the death of the father-

As provided by the succession laws, son has the right on the property of his father and grandfather by birth. Son has equal rights, in a similar manner as his father on their ancestral property. 

If a person has a separate property or a self-acquired property and he dies without any will, then in such situation his living wife, children and mother would have equal rights over the property. 

Rights of daughters in succession-

After the year 2005, daughters have been provided with equal rights in the ancestral property as well.

Rights of adopted children in succession-

Legal rights of inheritance of properties in case of the adopted children are mostly similar to that of the natural born children. After a child has been adopted, he would not have any right over the properties belonging to his biological family, however if any property was acquired before the adoption of the child, such property would remain under his/her name. 

Rights of inheritance of children born in live-in relationship-

In the year 2008, the Supreme Court of India decided in the case of Vidyadhari/Sukhrana Bai, children born in a live-in relationship legal heirs and have been provided with proper inheritance rights. 

Conclusion

From the above discussion, it could be inferred that the topic of inheritance is quite vast and involves various legal ins and outs. Hence, if you face a situation where someone has fraudulently taken over the rights of your property, it is advised that you seek legal guidance from family Lawyers in Bangalore or family Lawyers in Hyderabad.

In case you have some doubts over the matter of succession laws, you must contact experienced property lawyers in Bangalore for legal assistance of any kind.

Lead India offers you a team of experienced advocates who have been successfully dealing with cases related to property laws and could offer you advice or assistance related to same. Hence, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.

SOURCE:-

Visit us: — https://www.leadindia.law

Call Us: +91–8800788535

Email: care@leadindia.law

YouTube: — https://www.youtube.com/c/LeadIndiaLawAssociates

Facebook: — https://www.facebook.com/leadindialaw

LinkedIn: — https://www.linkedin.com/company/76353439

Twitter: — https://twitter.com/leadindialaw

Pinterest: — https://in.pinterest.com/lawleadindia

Instagram: - https://www.instagram.com/leadindialawofficial

Property lawyers in Bangalore,Family Lawyers In Banglore,Family Lawyers In Hyderabad

Location: Laxmi Nagar, Block S1, Nanakpura, Shakarpur, New Delhi, Delhi 110092, India

Comments

Post a Comment

Popular posts from this blog

Can Muslim Women Do Court Marriage With Hindu Man

Image
The Special Marriage Act of 1954 as well as Hindu and Muslim law govern marriages between Hindu girls and Muslim boys. The customs and rites observed there determine the "religion" of the marriage. A saptapadi ("seven steps") is essential for a Hindu marriage, although an Islamic wedding also requires a nikahnama, a qazi, and two witnesses. As a result, in accordance with the marriage's religion, each of them would be subject to the laws governing maintenance, divorce, inheritance, adoption, and succession. According to the Ashtiname of Muhammad, a treaty between Muslims and Christians recorded between Muhammad and Saint Catherine's Monastery, the Christian spouse is not to be prevented from attending church for prayer and worship in the case of a Muslim-Christian marriage, which is to be contracted only after permission from the Christian party. Interfaith marriages between Muslims and non-Muslims are frequent in some countries outside of the traditional da...
Read more

How To Do Court Marriage In One Day With Certificate?

Image
According to Article 21 of the Indian Constitution, every citizen has the right to marry the partner of their choice. Through a court marriage, one can legally and officially marry their partner. However, there are a few prerequisites that must be fulfilled by both consenting parties before a court marriage can take place, including age restrictions and the completion of the required legal paperwork. Occasionally, both partners are ready to get married and submit paperwork to officially register their partnership. Several pieces of legislation have been written to make the court marriage procedure more efficient, less complicated, and less expensive. These statutes could contain- The Islamic Marriage Act of 1939  The Hindu Marriage Act of 1955 and Indian Christian Marriage Act of 1872 Conditions required to be fulfilled in One Day for Court Marriage The consenting parties must adhere to a number of conditions in order to proceed with their court marriage. They are as foll...
Read more

Best Law Firm For Personal Injury

Image
Experiencing a personal injury can have a profound impact on one's life, thus it's imperative to obtain legal counsel in order to guarantee just recompense. The success or failure of your lawsuit can be greatly influenced by your choice of legal representation. Personal Injury: About The corpus of legislation that takes effect when someone hurts you is known as personal injury law. Under tort law, you can file a lawsuit against one or more people who have wronged you or caused you to suffer a loss. Steps to Find the Best Law Firm: Personal Injury Evaluating the experience and specialization of potential legal firms is the first step toward selecting the best one for your personal injury case. Selecting a law firm that specializes in personal injury law improves the chances of a successful outcome because not all law companies are made equal. Seek out companies who have a track record of successfully managing instances comparable to yours. It is important to lo...
Read more