deceased father's property
suraj
(Querist) 24 July 2015
This query is : Resolved
My father died 16 years ago .. Now there are three legal hiers of my fathers property ..i.e me , my mother and grandmother .but the property is still in the name of my father ..now i want to knw that my grandmother is too old if she died in few months ...then also her share exists in my father's property or it belongs to me and my mother ...?
Kumar Doab
(Expert) 24 July 2015
Collect death certificate of your father.
Obtain legal heir certificate from local Sub-Registrar Office. In some states anyone can appear with an affidavit and get it on the spot, from Tehsildar (not Notary).
Get names of all Legal Heirs entered in mutation record.
After that your grandmother can relinquish her share by registered relinquishment deed/Gift by registered gift deed/write WILL......get the WILL registered...........
A senior deed writer or your trusted lawyer can help you.
If grandmother deceases before effecting relinquishment/Gift/WILL then her share shall devolve upon her legal heirs..............
You may act ASAP in consultation with elders of your family and your counsels.
P. Venu
(Expert) 25 July 2015
As advised, the grandmother's share passes on to her legal heirs if she dies intestate. You may act fast to execute a deed of partition or family settlement convincing your grandmother to relinquish her share in favour the other legal heirs.
In some States, such as Kerala, such conveyance involves only nominal stamp duty.
Rajendra K Goyal
(Expert) 25 July 2015
The share of your grandmother would be inherited by all her legal heirs. If she is interested you can get her relinquishment deed registered.
T. Kalaiselvan, Advocate
(Expert) 31 July 2015
You may follow the advise of expert Mr. Rajendra K Goyal to protect future interest of the property. .
