- This topic has 19 replies, 9 voices, and was last updated 1 year, 2 months ago by
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LMy grandfather (maternal) has a self aquired flat in mumbai. After he passed away my three uncles transfered the share certificate to their name with help of the society secretary.
They excluded my mother and when we sent a legal notice to include her name in the share certificate, the society and my uncles refused in doing so.
We filed a case at dy.registrar where they presented their nomination. We argued that nomination does not mean ownership and my mother is a legal heir so she should be made joint member.
The dy.registrar ruled against us saying we didn’t have any succession certificate so our claim can’t be verified.
We don’t have the purchase deed of the flat only a copy of the share certificate.
How should we proceed in such a situation. Pls guide.
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WYou should be happy with what you have
Your Nana’s property is culturally his sons’ property. Laws aren’t always correct.
Your mother’s account was settled at the time of marriage, don’t be greedy by misusing the laws.
Have some shame. It’s one flat with 3 shareholders already.-
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Vthe son should serve parents all his life, do his duties, take risks for them. sisters enjoy their own families, no responsibilities towards parents. at end they enjoy share in property for free.
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Au/reddwinit u/Background_Brush8250
Just because daughter has her husband’s home to take care doesn’t mean she has no right over her parents’ property! You two incel morons will never come out of this bubble! I’m worried about your daughters for having imbecile dads like you!
My mom served her parents more than her brothers and she didn’t get any share in inheritance after her parents died! She’s an independent woman who did well in her career. Her and I don’t really care about that inheritance as we are well off than them. But still it’s a fact she did much more than her brothers and she didn’t get anything, not even a land in village where she’s currently fighting with her brothers so her brothers will get that land and not even inch for her!
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BThe hard truth – your family’s getting screwed over, and it’s time to fight for what’s rightfully yours. Let’s break this down:
1. **What’s Happening**:
– Your **grandfather’s** flat was transferred to your **three uncles** after his death, with the help of the society secretary.
– **Your mother** was **excluded** from the share certificate, despite being a **legal heir**.
– You sent a **legal notice** to include her name, but your uncles and the society are refusing.2. **The Argument**:
– You’re right that a **nomination** doesn’t equal **ownership**. **Nomination** only allows someone to manage the property after the owner’s death, but the actual **ownership** is decided by **legal heirs**, which includes your mother.
– You filed a case with the **Dy. Registrar**, and they ruled against you because you **don’t have a succession certificate**. Now you’re stuck because the court said your claim can’t be verified without it.3. **The Problem**:
– You don’t have the **purchase deed**, which makes things a bit trickier, but you do have the **share certificate**.
– This whole situation is being dragged out because of **procedural issues**, and your family’s getting taken for a ride.### What You Should Do Next:
1. **Get the Succession Certificate**:
– This is **non-negotiable**. If the Dy. Registrar says you need it, then **get it**. You can’t bypass this. The succession certificate will give you the **legal authority** to claim your mother’s share in the property.
– The **succession certificate** can be applied for in the **district court**. It’s a legal document that verifies who the rightful heirs are.2. **If You Don’t Have the Purchase Deed**:
– **Not having the purchase deed** is a problem, but the **share certificate** can help you prove ownership. The share certificate itself should mention who the legal owners are. **Use this to your advantage** in court.
– If the share certificate is in your grandfather’s name, that’s a good start. You can use the share certificate to claim your mother’s share as the **legal heir**.3. **Legal Action**:
– **File a petition in the high court** for your mother to be made a joint member. Since the **society** and your uncles are dragging their feet, it’s time to escalate the case.
– **Challenge the Dy. Registrar’s ruling**. If you can get the succession certificate, you’ve got a solid case to show that your mother is the rightful heir and should be added to the share certificate.4. **Consult a Lawyer**:
– This is beyond simple advice now. **Get a property lawyer** who can guide you through getting the succession certificate and fighting the society and your uncles. **Don’t waste time**; the longer you wait, the more they’ll stall.You’re up against **family and a corrupt society system**, but the **law is on your side** if you follow the proper procedure. **Get the succession certificate**, take the fight to court, and don’t let your uncles get away with this. They’ve played their cards, but now it’s time for you to play yours.
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LWe also have a xerox copy of will by my grandfather which includes my mother’s name along with the brothers. But its not registered and we don’t have the original. My current lawyer said its useless.
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BYou’ve got a **xerox copy of the will**, and your lawyer is saying it’s **useless** because it’s not **registered** and you don’t have the **original**.
1. **Unregistered Will**:
– In India, a **will doesn’t need to be registered** to be valid. The **registration** of a will is optional. The **real issue** is whether the will was **executed properly** (signed, witnessed, etc.) and whether it’s **authentic**.
– The **unregistered will** can still be used as evidence, but its **validity** might be questioned in court if there’s no proof of **authenticity**. In this case, the fact that you’ve got a **xerox copy** and not the **original** does complicate things, but it **doesn’t automatically invalidate it**.2. **Your Lawyer’s Opinion**:
– If your lawyer is saying it’s **useless**, they’re likely looking at the **lack of the original** and **registration**. But here’s the thing — it can still carry **weight** in court if you can prove it’s **authentic**.
– You need to **prove that this is your grandfather’s will**, and this can be done by providing **witnesses** who were present when the will was made, or other **circumstantial evidence** that shows it was executed by him.3. **What You Can Do**:
– **Get the Will Probated**: The will needs to be **probated** in court. You’ll have to file a **probate petition** with the **court**, and the court will verify the authenticity of the will. In this process, they’ll look at the witnesses to the will, how it was executed, and whether the will is genuine. If the will was executed in front of valid witnesses and it makes sense, then the court will consider it.
– If the original will is **missing**, you can still go to court with the **xerox copy** and explain the circumstances surrounding the **missing original**. The court may accept it if it seems like a legitimate document.
– **Challenge the Society’s Actions**: If your grandfather’s will clearly names your mother as a rightful heir, you can use it to back up your case against your uncles and the society. The fact that they **excluded her** from the share certificate despite the will can be a strong point in your favor.4. **Get More Legal Opinions**:
– While your current lawyer may be dismissing the will, **it’s worth getting a second opinion** from a **specialized property lawyer**. Some lawyers may be more inclined to take action on the will and help you with **probate** or using the will as evidence in your case.###
– The **will** isn’t useless, but it’s not going to be a walk in the park to prove it. It’s **your mother’s right** to claim her share based on this will, so **don’t back down**.
– **Probate** the will, gather **witnesses** if possible, and **fight** for your mother’s rights. You don’t need to rely solely on the unregistered status of the will — courts can still work with it if you present your case well. -
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