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.

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