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Will or Intestate Succession
Immovable property basically includes land, building, hereditary allowances, right to ways, lights, ferries, fisheries or any benefit arising out of land or building. Immovable property can be transferred by way of Sale, mortgage, lease, gift or exchange. In the dynamism of global economies, it makes property as the most vulnerable sector as well easily susceptible to many complexities.
We, at Knowledgentia thus provide expert guidance, legal consultation, facilitation and logical conclusion as expeditiously as possible for all immovable property dispute cases and related issues. Our services include but are not limited to title search, devolution of property with verification from revenue records, succession and transfer of property through will or intestate, probate proceedings, drafting and registration of will, mutation of property and all other supplementary legal services.
An immovable property can be succeeded to by its heirs or any other person either through lifetime of an individual or after their demise. During lifetime, it can be only through Sale Deed, Gift Deed or Exchange Deed which are all registered documents and require registration with appropriate stamp duty. However, after demise it can devolve to the beneficiary either through will or through intestate succession.
Will is a written document that mentions details regarding the volition of a person to distribute all their assets including movable and immovable assets. The will does not require to be mandatorily registered. The written document should be dated, signed by Testator and witnessed by two persons other than the beneficiaries. Indian Succession Act, 1925 governs wills and their enforcement.
If a person dies without will, the property devolves upon all its legal heirs as per the statute and laws of succession. the same often requires indulgence by court through partition suits amongst legal heirs so as to have clear and concise shares in the property.
Our team of experts at Knowledgentia, provide all kinds of services with respect to drafting of will, registration if required, advising on legality of power of attorney or any other property papers and devolution through Partition suits or family settlement across the length and breadth of the country. We handle matters pertaining to Partition, probate and succession litigation till its logical solution.
Ancestral Property and Succession
Property could be either self - acquired by a person through his/her own resources and funds or inherited property from their parents or grand - parents or any other relative which is ancestral in nature. Prior to the 2005 Amendment, daughters were not entitled to inherit ancestral property as sons. The 2005 Amendment had brought about a significant shift and now both sons and daughters are entitled to equal share in the property.
At Knowledgentia, our vast expertise and experience keeps us at an edge to strategize and proceed with the most expeditious and conclusive solution so that the fruits of the property can be enjoyed by the beneficiaries to the utmost.
The most important pre requisite for a property to be classified as ancestral property is that the same should not have been divided by the users in the Hindu undivided family as once division of property takes place, the share or portion which each coparcener gets after the division becomes his or her self acquired property. Further, self acquired property also acquires the character of ancestral property when its enjoyed in common. The share of each division is first determined and shares of successive generations are then sub-divided.
Property Disputes and their Resolution
Property disputes being cumbersome and time consuming are often lost because of lack of knowledge and miscommunication to clients. Our team of experts ensure that all pros and cons and stages of litigation are communicated in advance so as to ensure that a conscious decision is taken by the client. Disputes can be resolved through Family settlement, Pre litigation mediation, partition suit or suit for specific performance and if required proceedings under criminal law can also be filed for fraud, forgery and illegal possession and trespassing depending upon the facts and circumstances of each case.
We, Knowledgentia Consultants are property dispute lawyers and handle the entire ambit of resolution of property disputes including but not limited to issues regarding title, possession, ownership, partition, tenancy, leasehold issues, easements rights, illegal possession of property, mutation and provide satisfactory solution.
Property disputes can arise due to various reasons such as relating to title of property, disputes between builders and buyers, disputes regarding intestate succession, non provision of occupancy certificate and misuse of rented property. Our experts at Knowledgentia are well equipped with providing quick solution to property matters whether it be seeking an injunction from court, judicial sale or foreclosure, monetary damages as well as quiet title actions.