How the property will be inherited among legal heirs
Manoj
(Querist) 03 January 2011
This query is : Resolved
A residential house which is belonging/owned by my uncle, he died recently. He died without making any will.Is survived by Wife, Son and two daughters out of which one is married. Now my question is how can the son be made a legal owner of the house. And he wants to rent the property. How is it possible ?
R.Ramachandran
(Expert) 03 January 2011
Dear Manoj,
The house property of your deceased uncle go in equal share to his legal heirs viz., his widow, son and two daughters (including the married daughter). For that they have to first obtain the succession certificate.
In case the entire residential house has to go in the name of the son, the other three legal heirs viz., widow of the deceased, and two daughters have to give a registered relinquishment deed in favour of the son.
I think the whole thing - the decision to give the entire property in the name of the son - appears to be an emotional decision without knowing the consequences.
Is there any guarantee that the said son would take care of his mother throughout our entire life and also would take care of the marriage of his sister. One needs to have a thought for these aspects before deciding to relinquish one's share in favour of anybody. (I fully agree that this does not fall purely in the realm of legal answer to the query raised, but all the same I feel it necessary to give a total perspective to the whole issue.)
Further for renting of the property, it is not necessary that the property should be in the name of the son. The property can be rented out by the legal heirs, and the legal heirs can authorise the tenant to pay the rent to the son. In this way, while the property will not be disturbed the same would have been rented out and rent realised by the son to run the family.
Raj Kumar Makkad
(Expert) 03 January 2011
The intension of the son of your deceased uncle cannot be fulfilled without sacrifice of all other legal heirs of your deceased uncle. If your aunt and her both daughters are ready to relinquish their shares in favour of son of your uncle only then he can get the entire property left by his father otherwise all others are equally entitled to inherit the property and he is co-sharer to the extent of only 1/4 share out of total property as on the day.
Bhawani Mahapatra
(Expert) 03 January 2011
I am fully agree with Mr. Ramchandran & Mr. Rajkumar
Manoj
(Querist) 04 January 2011
Thanks Sir. I want to further ask regarding renting the house who will execute the rent agreement ? from the following legal heirs, widow of uncle, Son, two daughters,
