Succession act / transfer of property act
srinivasan
(Querist) 22 June 2020
This query is : Resolved
Dear All,
Male without Will had expired leaving Wife, 4 son and 2 daughter & a property.
Need to know, who all would be the legal heir, under which act it would be applicable also any case law on the said problem.
Also correct me if i am wrong.
My assumption is property would directly go to Widow wife of deceased person and not to anyone.
Please Note : Katha of the property is already transferred to Widow Wife of Deceased person
Please advice on the above problem.
Thanks
Srini
Rajendra K Goyal
(Expert) 22 June 2020
You asked:
who all would be the legal heir, under which act it would be applicable also any case law on the said problem.
Reply:
If the deceased was Hindu, under Hindu Succession Act 1956, the property would be inherited by Class 1 legal heirs.
Class I heirs are sons, daughters, widows, mothers, sons of a pre-deceased son, widows of a pre-deceased son, son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased son.
If mother of the deceased is alive property would be inherited by mother, wife all sons and daughters.
Case law is not provided.
Rajendra K Goyal
(Expert) 22 June 2020
You asked:
Also correct me if i am wrong. My assumption is property would directly go to Widow wife of deceased person and not to anyone. Please Note : Katha of the property is already transferred to Widow Wife of Deceased person
Reply:
In case of Hindu, property would be inherited by class -I legal heirs. In the present case mother of deceased (if alive), wife, sons and daughters are heirs. Change of Khata is not absolute proof of ownership. Same can be changed on receipt of claim from others.
Raj Kumar Makkad
(Expert) 22 June 2020
Transfer of Katha has nothing to do with the change of the ownership of the said property.
I presume the deceased and his legal heirs are governed by Hindu Law so widow, sons and daughters each shall have equal right in the said property if deceased has died after 2005.
kavksatyanarayana
(Expert) 22 June 2020
If a male had a property of his self-acquired, the same will be devolved among his all legal heirs (mainly wife and children).
P. Venu
(Expert) 23 June 2020
The property is already devolved upon the legal heirs, including the mother of the deceased (if alive).
srinivasan
(Querist) 23 June 2020
Thanks for the Same.
One more query on the same, if the said property wants to sold, should all the legal heirs to be signed in the register office or only the Katha holder to be signed.
Thanks
Srini
P. Venu
(Expert) 23 June 2020
Yes, all the legal heirs need to sign and
duly execute the conveyance deed.
Rajendra K Goyal
(Expert) 23 June 2020
All legal heirs should sign the sale deed in case of sale.
Raj Kumar Makkad
(Expert) 24 June 2020
Yes. all stake-holders in the said property are the mandatory parties to sign the sale-deed for the purpose of the sale of entire joint property.
