Each week, our experts answer readers’ queries related to the division of assets, will, succession and more. Here are this week’s estate planning dilemmas from our readers.

My mother is alive and has willed her property to my brother because she says I am married. Do I have any claim over this property? — Seema Virmani

If your mother were to pass away intestate, you as a class I legal heir, would have the same share in your parents’ self-acquired property as your brother, and the fact that you are married would have no bearing on it. However, if your mother leaves the property to your brother in a will, you will have to prove that the will is invalid to be able to lay a claim on it.

My father died recently without a will and has left behind two of his own properties and an ancestral house. My mother had passed away two years ago and I am the only child. What is the legal procedure for making a claim to these properties? — Aseem Khanna

As far as the ancestral property is concerned, you can stake a claim over it by virtue of your birth. For the selfacquired properties as well, you being a class I legal heir, have a claim over these. This is, of course, if your father has not willed or gifted the properties to someone else. You can claim the properties by applying for a succession certificate in the civil court or high court that has a jurisdiction over the property or your place of residence. Once the succession certificate is granted by the court, the properties can be transferred in your name.

I am 75 years old and have one self-acquired property in my name. My wife passed away several years ago and I have only one son. I have written a will and have also had it registered. As per the will, I am leaving the property to my son. Can he stake a claim over the property and acquire it while I am still alive, or will he get it only after I pass away? — A.D. Saxena

Your son cannot lay claim to the property or have any right over it till the time you are alive, even if you have named him as the sole beneficiary in your will. He can stake a claim to it only after you pass away. As a beneficiary in the will and being a class I legal heir, he will be able to stake a claim and acquire the property after your death.

My father passed away in 2001 without a will. He had two properties in his name, but my brothers have acquired these without giving me my share. Can I claim a share in these properties? — Ritu Verma

As per the Hindu Succession (Amendment) Act 2005, you have the same right over your father’s selfa-cquired properties as your brothers and can stake a claim over it as a class I legal heir.

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

Read more: EconomicTimes


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