Succession
Naveen Kanth Dasari
(Querist) 06 February 2017
This query is : Resolved
Hello Experts,
I am a practicing Lawyer, i have a query regarding succession.
A old lady had purchased a residential plot way back in 1977 and she died in 2013, leaving behind her only son as her successor. Her son is around 60yrs of age and has two sons. Now the issue is the property mentioned above is still in the name of the old lady and her son wants the property to be transferred on his grand children's names(i.e., Son-Sons-Sons Children). So what is the procedure to be followed. Can i file a succession or title suit in the court.
Thank You.
P. Venu
(Expert) 07 February 2017
The property is already vested with the son. He can gift or work out a family settlement devolving the same upon his sons.
Kumar Doab
(Expert) 07 February 2017
It is believed that deceased/all are Hindu.
Confirm!
Kumar Doab
(Expert) 07 February 2017
Agreeing with Mr. P. Venu.
The successors to self acquired/absolute property of Hindu woman are; Husband and sons and daughters.
If only son is the successor then he may submit the death certificate, legal heir certificate etc as per procedure to the authority under whose property falls to record the inheritance and obtain latest mutation records.
The nature of inherited property is self acquired and Son can dispose in his life time , anyone’s favor by a valid deed.
Naveen Kanth Dasari
(Querist) 08 February 2017
the deceased/all are Hindu and the property is still in the name of the deceased and not on her sons name, so even the son doesn't have the right to transfer the property on his grand children's name as far as i know, so my question is does he have to approach the court for a relief or he can directly file the death certificate before the concerned authorities and get it mutated on his name.
Kumar Doab
(Expert) 08 February 2017
As per your post; The son is the only successor/Legal heir and owner of the property i.e. her mother has died.
And apparently there is NO challenge to inheritance/legal heir ship.
Legal heir certificate is issued by Tehsildar, after inquiry and report.
So the son may submit the death certificate, legal heir certificate etc as per procedure to the authority under whose property falls to record the inheritance and obtain latest mutation records, showing transfer of property in his name (by inheritance).
Then son attains inheritance and rights of owner.
This is simple matter of inheritance and succession certificate from court may not be required.
Dr J C Vashista
(Expert) 10 February 2017
Get the property transferred/ mutated in the name of "son" of the deceased.
Her (deceased's) son will have the property as "self-acquired" and may dispose it of as he desire.
