Legal Opinion Of Transfer Of Property After Father's Death

[newyddilyn60]

My father expired and 23 cents of land are registered in his name

He is survived by 2 sons and 4 daughters. While he was alive, he was interested to transfer the property to his second son. Others were not shown any protest. But he has not written any will stating this.The four daughters and the eldest son are now ready to sign in no objection letter for transferring the property to Second son.Please guide me and inform me the procedures to be followed so that the property to be registered in the namae of his SECOND son.

I am in Chennai. and the property is in Kalpakkam, Chingleput District.

[Jerriel]

If a Hindu dies without making a WILL,then the wealth left by him are distributed amongst his legal heirs preferably equally to his class-I heirs comprising son,daughter,widow,son/daughter of a predeceased son/daughter etc. and otherwise to class-II heirs comprising father,brothers/sisters etc.as per the order prescribed in the Act.However,prior to amendment of the Hindu Succession Ac,1956 the daughters were excluded from participating in the coparcenaries ownership and thus discriminated  on the ground of  gender. It also led to oppression and negation of her fundamental right of equality guaranteed under Article 226 of the Constitution of India. Parliament felt the same and accordingly decided to make in necessary changes in the law.  Accordingly, Section-6 of the Hindu Succession Act, 1956 was substituted by a new provision vide the Hindu Succession(Amendment) Act, 2005 under which  daughters who were born and married before 1956 are also entitled to get a share in the property left by a deceased person.

If your father died after the coming into effect of the Amendment Act, then,your father's daughter shall be entitled to an equal share in the property with his sons.However,for the said purpose his beneficiaries shall have to submit an application to the appropriate court for the issue of the Succession Certificate.

Alternatively to maintain peace and cordial relation within the family ,you can enter into a ''Family Settlement Deed''.It will facilitate equitable distribution of the wealth instead of concentration of the same in the hands of a few.Further,it would avoid litigation and will help to maintain reputation of the family.Even Courts have recognised such mode of settlement.

In view of the above,please take appropriate decision in the matter in consultation with a suitable lawyer.