v.lakshminarayanan (prop) 29 December 2009

can property be in the name of a dead person?

dear members

in a hindu family, the family head with properties in his name earned out of his own income has died without leaving any will.

the properties and related tax assessments still stand in his name as the legal heirs are unable to satisfactorily divide the properties among themselves.

is there any legal bar in immoveable property standing in the name of a dead person for a long time?

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 29 December 2009

It is always advisable to get the names of all the heirs on the property extract as early as possible to avoid future complications. Partition can be done aftarwards.

v.lakshminarayanan (prop) 29 December 2009

dear madam

but kindly clarify if there is any legal bar for a property being in the name of a dead person.

Nali Seshu Kumar (SOCIAL WORKER) 29 December 2009

it is safe to divide the properties among the all co sharesrs no effect if the records shows the owner as your father .

(Guest)

To avoid any future complications it is better to change in the name of legal heirs.

You can keep the property in the name of dead person also, if you wish.

subhash kumar (advocate) 30 December 2009

dear, after the death of the owner the property deloved upon the legal heirs and all the legal heris have equal share in the property. better divide the property and mutate the same in the name of the sharer of property as soon as possible to avoid the complications.

Subhash kumar,Adv

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA) 02 January 2010

It is better to get the names of the legal heirs mutated in the Record or rights by submitting proper applications,alsong with the legal heir certificate/or surviour ship certificate.and I agree with Satyaprakash.