Succession of parental property
Krishna Mohan
(Querist) 29 August 2018
This query is : Resolved
Sir/ Madam
My father owns a house in society measuring 223 sq yards and he expired without leaving a Will. My mother too has expired and I have 2 elder sisters who are mentally disabled and unmarried. I am married and have 2 kids and am taking care of my sisters too.
As there is no Will and the property is in a very high rated location I cannot afford to go for a succession certificate from the court by paying a percentage on the market value of the property.
I have a legal heir certificate issued in our name by the local Tahsildhar Office. There are no other heirs for this property.
Please suggest an alternate way in which the property can be transferred to my sisters and my name?
P. Venu
(Expert) 30 August 2018
The property is already vested with you and your sisters. Have you been appointed as guardian of the mentally challenged sisters.
Kumar Doab
(Expert) 30 August 2018
Which personal law applies in your case?
Are you all Hindu?
Is IT some land/flat in some society?
Confirm!
Kumar Doab
(Expert) 30 August 2018
Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
Kumar Doab
(Expert) 30 August 2018
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.
The legal heir certificate must be having the names of your sisters also.
Since your sisters are mentally disabled their share may not be disposed and you may try to approach court for appointing guardian.
Hemant Agarwal
(Expert) 01 September 2018
1. File Proper Application before the Society /Association /Revenue authority to Transfer the property in your name, based on the following documents:
a) Death Certificate of Father & Mother
b) Govt. Hospital certificate declaring the mental condition of the two sisters
c) Legal Heir Ceritificate, which will prove that your are legal heir of the Parents
d) Indemnity Bond to indemnify against legal action by the deceased legal heirs.
e) Any other document, that may be required.
2. Based on the above, the relevant authorities should be able to affect transfer of property in your name.
3. HOWEVER, IF the authorities do not transfer based on the above documents, THEN you will have no option, but to obtain Letter of Administration from the court, in your favor.
Keep Smiling .... Hemant Agarwal
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