Jointly owned property- co-owner died intestate- how heirs, ownership & resp share gets establised
Mukund
(Querist) 29 January 2016
This query is : Resolved
I and my father jointly hold an immoveable property ( a flat) in Thane, Mumbai. The agreement is in joint names. The shares in housing society are also in joint names (father/myself)
He had nominated my mother for his interest in the housing society’s membership, shares held in society and the flat.
My father died 8 years ago, intestate or without leaving any will
As per his nomination, the shares were transferred in my mother’s name, again jointly.. i.e mother/myself.
For the society membership and shares, my mother nominated my 2 sisters- each with 50% share.
My mother also died last year. As per nomination, we have applied to the society for transfer of shares and membership. She has also not made a will.
There are 4 heirs – 1 son ( i.e. me) and 3 daughters.
We now want to sell the property and for that want to establish heirship, ownership and distribution of share in the property.
Accordingly I have following questions. Kindly guide.
- What kind of documents/ process needs to be followed- is it Heirship certificate, or Succession Certificate or Letter of administration or all of these?
- What is the process to get these certificates or the minimum mandatory documents/certificates? I guess we need to apply in Dist Civil Court.
- How the joint ownership of the property between me and my father will now reflect between the 4 heirs and what will be the share of each? I understand Hindu Succession Act will come in play here.
- Will any of these certificates give each heir’s share in the property? If not how that gets established?
- One of sisters lives outside India. Is her physical presence mandatory or can she give a POA to one of the other heirs?
- Post obtaining these documents/certificate, do we need to get any other government, municipal corporation, society records updated? Or is it enough for all the heirs to sign the sale deed when the property is sold along with the copy of the certificate (s) ?
- What are the approx. timelines involved?
- Is it mandatory to have all the above certificates and compliance of related process if I and my sisters have no disputes as regards our individual shares? I understand the court fees, etc involve substantial money.
P. Venu
(Expert) 30 January 2016
The property is jointly vested with you and your sisters.
Kumar Doab
(Expert) 30 January 2016
It is believed that you are Hindu.
You and your sisters shall share the share of your father equally by inheritance.
Your individual share shall remain intact.
Share from your deceased father shall add to it.
The death certificates of parents and legal heir certificate is usually required for updation in mutation records.
The secretary of CHS can guide you further and provide requisite forms/formats.
Your sister can issue POA thru Indian Embassy.
The local counsel can guide you further with time and fees...................and may opine that letter of administration is the requirement if court of pecuniary jurisdiction is to be approached.
Rajendra K Goyal
(Expert) 30 January 2016
- What kind of documents/ process needs to be followed- is it Heirship certificate, or Succession Certificate or Letter of administration or all of these?
Ans: Heir-ship certificate.
- What is the process to get these certificates or the minimum mandatory documents/certificates? I guess we need to apply in Dist Civil Court.
Ans: Visit local tehsildar office, ask the procedure and proceed.
- How the joint ownership of the property between me and my father will now reflect between the 4 heirs and what will be the share of each? I understand Hindu Succession Act will come in play here.
Ans; You heir 62.5% ( half + 1/4th of half), other sisters 12.50 % each.
- Will any of these certificates give each heir’s share in the property? If not how that gets established?
Ans: Share would considered / decided as per heirship certificate.
- One of sisters lives outside India. Is her physical presence mandatory or can she give a POA to one of the other heirs?
Ans: Physical presence not required, she can give POA.
- Post obtaining these documents/certificate, do we need to get any other government, municipal corporation, society records updated? Or is it enough for all the heirs to sign the sale deed when the property is sold along with the copy of the certificate (s) ?
Ans: You should get the record updated.
- What are the approx. timelines involved?
Ans: No prediction, depend on efforts and follow up.
- Is it mandatory to have all the above certificates and compliance of related process if I and my sisters have no disputes as regards our individual shares? I understand the court fees, etc involve substantial money.
Ans; Process to transfer in your name required, Court is not involved.
Raj Kumar Makkad
(Expert) 01 February 2016
Nothing remains to be added in the noble advice of Doab and Rajeder K Goyal.
Mukund
(Querist) 05 February 2016
Thanks for your valuable advice
Kumar Doab
(Expert) 06 February 2016
You are welcome.
