Legal Question in Family Law in India
Law of Succession 'Hindu Family Law'
One of my deceased uncle left behind some immovable property in my name. He has left a will also which is at present in my custody but is not probated in the court of law. The properties that he had has been already transfered in my name by my deceased uncle himself when he was alive. He has already deleted his names from the record that is property paper recorded in the relevent office and inserted my name in replace. But unfortunately a small house in which i am dwelling has his name still recorded as the owner in the respected office. But here he has inserted my name as a minor and legal heir and is recorded as same in the relevent property documents and records of the office. I have the original copies in which he had applied for insertion of my name signed by him duly. Now after 5 years of the death of my uncle a younger brother of the deceased uncle has turned up and is claiming half of the said house only. The other properties leaving the mentioned house is in my name and the said person cannont claim it. I do not know what I should do at this juncture. Kindly advise.
3 Answers from Attorneys
Re: Law of Succession 'Hindu Family Law'
Question is vague. Your deceased uncle left behind some immovable properties in your name. You stated that the properties had already been transferred in your name by your deceased uncle when he was alive. You also stated that he had left a Will, which is at present in your custody. Transfer of property [immovable] should have been brought about only by an instrument or document like Sale deed, Gift deed, Settlement deed etc., if your uncle had conveyed the property to you during his lifetime. It appears from your statement that your uncle had effected mutation of name in your favour in the relevant revenue records. Mere transfer of patta or mutation of name in the revenue record without proper document of title [conveyance] would not confer title on you over the property. In such case the properties, despite mutation of name in the revenue records, continue to be the property of your deceased uncle who died about five years ago. According to law patta or revenue records are not proof of your title.
If you mean to say that your deceased uncle bequeathed these properties under his last Will which is now in your possession, the Will would have taken effect on his death and you consequently became the owner of the properties. For the bequeathal to be valid the properties covered by the Will should be the self-acquired properties of the testator [your uncle]. If so, the deletion of your uncle�s name and the inclusion of your name in the property records during his life time would have no legal consequence since the devolution of title to the properties on you was only on the date of death of your uncle.
As regards the house under your occupation, you are the absolute and exclusive owner of the house in spite of the fact that the revenue records relating to the house still stands in the name of your uncle. Having become the owner of the house under the Will, you could change the revenue records in your name on the strength of the Will. The younger brother of your uncle has not right to claim any share in that house.
Re: Law of Succession 'Hindu Family Law'
Dear Gentleman:
Is the will registered with the office of registrar or not? Where is property located?
Also I need to look at the documents for first hand opinion.
Answer to above two questions are very important before any opinion can be given. Als
Re: Law of Succession 'Hindu Family Law'
I trust that you have the original of the will with you. It is not clear whether this particular house is specifically mentioned in the will. If it is mentioned, there should not be any problem, *provided* the will is otherwise valid as per law, (ie., witnessed by two persons, and the witnesses do not get anything as per the will). Since you are hindus, probate, registration, etc. make no difference. Mere applications to transfer the properties to your name alone are not sufficient to you.
Even if the will does not specifically mention this house, if you are what is called the "residual legatee", you will still get the house.
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