My father died without writting will.

sarada (Querist) 06 March 2012 This query is : Resolved
my father died without writting will. we are three children.how my mother will get all rights on my fathers property.what are the documents she need.my father name house is there.

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Adv.R.P.Chugh (Expert) 06 March 2012
she won't get right to the property in toto - she would get her 1/4th share in the property as everyone else would. You would have to obtain a succession certificate/LOA from the court and then mutations may be applied for.

ajay sethi (Expert) 06 March 2012
your nmother wont get full rights over property . it will be in name of all 4 legal heirs. you will have to obtain succession certificate

Deepak Nair (Expert) 06 March 2012
The right in the property will be equally devided amoung your mother and her 3 children.

All the three children can execute a deed of release in favour of your mother so as to make her the absolute owner of the property.

Guest (Expert) 06 March 2012
Agree with the above experts.

R.K Nanda (Expert) 06 March 2012
Each of u will get 1/4 share in said house.

Get S.Certificate from court.

Advocate Bhartesh goyal (Expert) 06 March 2012
Each all of you will get 1/4 share in property left by your father.if you wish to make your mother absolute owner of said property then you all children have to relinquish your rights in favour of your mother by registered release deed.No succession certificate is required.

Raj Kumar Makkad (Expert) 07 March 2012
Deepak and Bhartesh have properly told you the provision to make your mother absolute owner of the property.

Kirti Kar Tripathi (Expert) 07 March 2012
All experts are right. Under Hindu Succession law All sons and wife are class-! legal heirs, Thus in the property of deceased all have 1/4 share. But if sons want that their mother will become absolute owner, they have relinquish their rights in her favour. This will not make in their right in future unless mother, being the absolute owner either dispose of it in her life lime or make any will.

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