Legal battles are often seen among the heirs over the property if a person dies without writing a will. By the way, there is a clear provision in the laws regarding property that how much claim a person has on which properties. Dil Se Vil founder Raj Lakhotia answers questions related to property.
Property often becomes the cause of dispute. Property is a major factor in family disputes. But there are clear laws regarding property, according to which it is decided who is entitled to which property and who is not. Awareness about these rights is necessary. If you are aware of your rights then no one can deprive you of your rights.
And if this happens then you can get your right back by adopting the path of law. Today in the series ‘Haq Ki Baat’, questions related to property. Some readers had sent questions related to property to our associate newspaper Economic Times, which were answered by Raj Lakhotia, founder of ‘Dil Se Will’. Here are readers’ questions and Lakhotia’s answers.
T. Balaji Question – If a son transfers his father’s property to his sons, can the daughters claim it?
Answer – According to the law, daughters have equal rights as sons in father’s property. If the father is alive and has transferred his self-acquired property to the grandsons, then the daughters have no claim over it. If the father has died and the property has been transferred through a will, then the daughter can challenge that will in the court on the basis of valid reasons. But if the father died without writing a will, then the daughters have equal rights in the property of the deceased and they can claim it in the court.
Sujit R. Question: Suppose A’s wife is B. The two have four children (sons C and D, and daughters E and F). If A has a gift deed of a residential property in his name and dies without making a will while B is alive, then-
1- Can wife B make a will to inherit that property?z
2- Since B died intestate, can daughters E and F claim a share in the property, even if it is not the ancestral property of A?
Answer- Suppose A was a male Hindu who died intestate and the gift deed property was his own property. In such a situation, the wife cannot write a will for that property. If he dies intestate, all heirs in Class I under the Hindu Succession Act, 1956 will have an equal share in the property. Class 1 heirs would include the wife, children and mother of the deceased.
Question from Amit Kumar– I have a joint demat account with my wife in which she is the second owner. Suppose I die without writing a Will, what steps should we take so that the ownership of shares/mutual fund units is either in the name of my wife or in the joint name of my wife and daughter? Will the Succession Certificate be required to transfer the ownership in the name of my family members?
Answer-In the event of your death, your rights as the first holder would be transferred to the second holder (wife) as both of you were joint holders of the demat account. This will be done by filling T-2 (Transmission Request Form) and submitting it along with the notarized death certificate of the first holder. After your death, if your daughter wants to transfer shares/mutual funds in her name, then she will have to submit the Succession Certificate.
Question from Ganpati – My wife and I have a joint will. We have three children. A child is not getting anything. The second is getting movable property and the third is getting immovable property. We have put a separate clause in the will that whatever we earn in future will go to the second beneficiary. Would it be legal?
Answer-A person can give his remaining or future assets to any beneficiary through a Will and it is also legally valid. A legal heir can also be deprived of property through a will, whereas in the absence of a will, he will be a part of the property as a successor. If a legal heir is deprived of property through a will, it becomes non-beneficial. The reason should also be given in the will so that the court can understand why he has been excluded from the share in the property.
Disclaimer- Answers are just based on the limited facts that have been asked in the question . Do not consider this as legal advice under any circumstances. If there is any dispute regarding the property, contact a lawyer and keep all the facts and documents with him.
