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nirav   11 April 2017

Property transfer without nomination

Hello,

The property was owned by the father who was passed away in the month of Aug 2016 and does not have nomination done.

And we have two sons, out of with elder one raise the objection not to transfer the property on mother name, society hold the transfer.

In this case is there any provision in law.

Please guide.

Regards,

Nirav

 

 



Learning

 9 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     11 April 2017

Legal heir certificate / Succession certificate is needed.

If the head or a member of the family passes away, the next direct legal heir of the deceased such as the wife or husband or son or daughter or mother may apply for Succession Certificate on application for the purpose of transferring Electricity connection, House Tax, Telephone connection/Patta transfer, Bank Account, Filing of IT Returns, etc. If the person who died is a Government servant, legal heir certificate is issued for sanction of family pension, and for getting appointment on compassionate grounds. Legal Heir is also provided for various other reasons as-well. 

Note : Legal heir certificate and succession certificate are totally different.Legal Heir certificate is issued by Tahsildar of district and succession certificate is issued by court.So don't be confused.

Kumar Doab (FIN)     11 April 2017

Are you all Hindu.

Confirm!

Kumar Doab (FIN)     11 April 2017

It is believed that owner of the property is deceased: Father?

Is mother of father alive?

The property is self acquired or ancestral?

The property is in which state?

Confirm.

Kumar Doab (FIN)     11 April 2017

The share shall be decided as per nature of the property: ancestral or self acquired and personal law that applies in such case.

 IN the meantime Obtain Death Certificate, Legal Heir certificate of deceased owner..

nirav   11 April 2017

Yes this is Hindu family

nirav   11 April 2017

Thanks for this.

In this case, son raise the objection to the Society and issue the notice from Lawyer to the society and hold the Transfer...and from where we will get the legal heir certificate we use to get this sort of certificate.

Please guide.

nirav   11 April 2017

Yes it is belongs to deceased father and need to transfer on Monther name.  

Kumar Doab (FIN)     11 April 2017

ClassI legal heirs have equal share i.e;

Mother (if alive as on date of death), Wife, sons,daughters...............

The son that does not agree can't be forced.

Legal heir certificate is issued by O/o Tehsildar.

Death Certificate: By Registrar of Births and Deaths.

 

 

Kumar Doab (FIN)     11 April 2017

Try if agrees to sell his share.

In case of dispute is complicated the society may press for succession Certificate/Letter of Administration.

 


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