In the absence of a father and mother, it is possible by law to divide property between younger and older brothers. Following that, the younger brother may file a partition case in court and begin partition proceedings.
Archives: FAQs
What are the Property types that can be partitioned?
According to the Property Partition Laws in India, there are two types of properties that can be partitioned:
- Self-Acquired Property
- Ancestral property
What Does an Inheritance Mean?
An inheritance refers to assets left to family members after a person passes away. An inheritance can include cash, investments like stocks or bonds, and other assets such as jewellery, automobiles, art, antiques, and real estate.
Can a Will be registered after the demise of the testator?
- Will can be registered after the testator’s death.
- Before the Sub Registrar, the party making a claim under the Will must present the Will, documents pertaining to the testator’s death, the witness, and the scribe.
- Before the Sub-Registrar, an affidavit stating that the testator had signed the Will in our presence and was in good physical and mental health at the time of execution must be submitted by two attesting witnesses. Additionally, the testator executed the will voluntarily.
- If Sub Registrar is satisfied with the truth and genuineness of the execution of the Will, he will register.
Who can be the witnesses in the Will?
Witnesses can be anybody (sound mind and adult), but they must not be in blood relation to the beneficiaries.
Can Will witness be in Blood relation?
No, the witness of the Will should not be in blood relations. It would lead to suspicious circumstances as it would be assumed that the witnesses are going to support the Will in any given circumstances.
Can a registered will be challenged in a court of law?
Yes, if the same is challenged in the court, then it needs to be testified by the attesting witnesses
If the testator excludes a legal heir from the Will, can the excluded legal heirs challenge the Will?
Yes, the Will can be challenged by the excluded heir.
Is it possible to start the Mutation process immediately after registration?
Yes, it is possible to start the Mutation process once the deed is registered in the Sub Registrar’s office. Then the detailed information about the seller and buyer should be recorded in the revenue records.