Tweet Follow @LawBlogger1   

Advertisments:


Sponsor Links:

Bar Exam Flashcards
Discount Legal Forms
Discounted Legal Texts

DO daughters have rights in claiming share in their fathers self acquired property which he left intestate1950?

  
Tweet

DO daughters have rights in claiming share in their fathers self acquired property which he left intestate1950?

Postby chadburne48 » Sat Apr 14, 2012 3:16 pm

DO daughters have rights in claiming share in their fathers self acquired property which he left intestate and died at the age of 1950. Is there any time limitation in getting the share in the properties? My grandfather who owns his self acquired property and died at 1950 intestate. He has one son n three daughters. In which his one son itself ruling and enjoying all the properties of his father and not gave a penny money to other three daughters. He changed all the properties in his name and he used to rule it. And he is getting rental income in that asset . So my question is shall v have rights to get share in that property and also in the income from the assets. Is there any way to get stay order from the court to get equal share n income from the assets .Please let me know ASAP.
chadburne48
 
Posts: 0
Joined: Fri Apr 01, 2011 3:07 pm
Top

DO daughters have rights in claiming share in their fathers self acquired property which he left intestate1950?

Postby egan » Sat Apr 14, 2012 3:19 pm

DO daughters have rights in claiming share in their fathers self acquired property which he left intestate and died at the age of 1950. Is there any time limitation in getting the share in the properties? My grandfather who owns his self acquired property and died at 1950 intestate. He has one son n three daughters. In which his one son itself ruling and enjoying all the properties of his father and not gave a penny money to other three daughters. He changed all the properties in his name and he used to rule it. And he is getting rental income in that asset . So my question is shall v have rights to get share in that property and also in the income from the assets. Is there any way to get stay order from the court to get equal share n income from the assets .Please let me know ASAP.
If the laws haven't changed since I left India, then no you technically don't have any right to that land. However the last time I was there was about 30 years ago.
egan
 
Posts: 0
Joined: Fri Apr 01, 2011 2:12 pm
Top

DO daughters have rights in claiming share in their fathers self acquired property which he left intestate1950?

Postby kenway » Sat Apr 14, 2012 3:21 pm

Step 1. Go to your county Probate records office, and get a copy of the full case.

Something would of had to given the son, the right to obtain the property. If by will, trust, etc. If it was a will, there should be a probate case. Trusts do not have to be handled thru probate, but one can force the trustee to produce the trust agreement for review. The probate case would have a copy of the Wills, the letters assigning authority of executor of estate, as well as the distribution of assets. Since he was Intestate, the distribution would of had to been by an executor, and distributed per the state statute, equally among heirs.

Step 2. Make a trip to your County Recorder's office, (or Clerk of Courts, depending on your state). All real estate deeds and transfers are on a permanent record. Other things that might appear in the recorder's office, includes Power of Attorney, trust agreements, and declaration of successor trustees. Someone without a will, could of still had a transfer on death or survivorship deed allowing transfer to the son, without authority of probate courts.

Upon review of anything you find in the above two locations, you can choose to confront the brother with the findings, or bring the information to a Probate attorney, or an attorney that specializes in Real Estate.

You can have the real estate attorney, file an affidavit, stating that the transfer he did to himself, was not valid, and that he did not have the authority to do so. File the affidavit with the recorders office, to put the public on notice of the discrepancy.

Its just a start....
kenway
 
Posts: 0
Joined: Fri Apr 01, 2011 2:02 am
Top

DO daughters have rights in claiming share in their fathers self acquired property which he left intestate1950?

Postby jamilah38 » Sat Apr 14, 2012 3:33 pm

Pony up the money and get lawyers - you are entitled to a EQUAL shares - to be divided by all legal children (issue) of your Fathers property. NO WILL IS NEEDED - Son doesn't have any rights (without a will) to change names on any property. You need legal representation (unless you are all adopted and not the blood issue of the deceased) Go for it!
jamilah38
 
Posts: 0
Joined: Fri Apr 01, 2011 5:58 am
Top

DO daughters have rights in claiming share in their fathers self acquired property which he left intestate1950?

Postby jung-hwa75 » Sat Apr 14, 2012 3:34 pm

"At the age of 1950" ? --- What do u mean by that?
jung-hwa75
 
Posts: 0
Joined: Thu Mar 31, 2011 10:39 am
Top


Return to Property Law

 


  • Related topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: Google [Bot] and 0 guests