My father and his brother had a joint residential property in their hometown, in which both of them had an equal share. My father passed away last year without a will. My uncle, on the other hand, is still alive and stays in his share of the property. Can my uncle stake a claim to 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 do legally to stop my uncle from claiming the entire property as his by force or through fraudulent means? — Shilpa Singh
Since your uncle is not a class I legal heir, he cannot legally stake a claim to your father’s share of the residential property. You, on the other hand, are a class I legal heir and can claim your share over the property along with the other legal heirs, if any, since 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 get a succession certificate and file an application for the transfer of the property in your name, if you are the only legal heir.
What are my coparcenary rights compared with those of my brother in the wealth generated by our joint family business? — Savita Sinha
According to the Hindu Succession (Amendment) Act, 2005, you will be considered a coparcenar by virtue of your birth and will have the same coparcenary rights as your brother. Hence, you will have the same right over the family business wealth as your sibling.
I am married away from my hometown where my parents live. I have one brother who runs the family business along with my father. Now my father says that I can’t have any share in the commercial property as I am married and was given sufficient dowry at the time of my wedding. My brother also lives in my parents’ house with his family. The property is in the name of my father and is self-acquired. My father wants to will it to my brother without leaving any share for me, but has not written a will yet. Am I entitled to a share in residential and commercial properties? — Sameera Jain
If your father leaves a will naming your brother as the beneficiary in the residential property, you will not have any right over the house. If, however, he dies intestate (without a will), you being a class I legal heir will have the same right over the house as your brother and other legal heirs. As for the commercial property, if your father has not already executed a partnership deed with your brother signing over his share to him and dies intestate, you will have an equal right to that property and can stake a claim to it.
(Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.)
