How long property can be left in the name of a dead person

Querist : Anonymous (Querist) 03 May 2019 This query is : Resolved
my father passed way five years back and has left a will where in the assets have been left to my mother . since my mother was aged and was not interested in getting the asset (house) transferred to her name we did not do anything .now our mother also expired and we are 4 siblings . can we still keep the house in my fathers name as it was and if yes how long?
if we want to get it transffered in all siblings name equally what is the procedure/ should we have to show the will or not ? if we show the will authorities may question why property was not transffered to my mother name.

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Sudhir Kumar, Advocate Online

(Expert) 04 May 2019
Why property was not transferrred to mloteer's name?

only she can reply if she was alive.

It was her right to transfer property and not a duty.

The property still belongs to her and can be claimed by all her legal heirs.

Dr J C Vashista (Expert) 04 May 2019
Whether the property left by your mother is intestate?
It would be advisable to seek professional services of a local prudent lawyer for better appreciation of facts/ documents, guidance and proceeding.
Why anonymous may expect obligation of experts which is against the rule of this platform?

kavksatyanarayana (Expert) 04 May 2019
Dear queriest, as your mother died intestate, you and your siblings have equal rights over the property. so get a Partition Deed ( the fact of death of your parents shall be mentioned in Partition Deed) registered by all of you in SRO concerned. then apply for mutation.

P. Venu (Expert) 04 May 2019
Yes, the property is jointly vested with all the siblings. You may execute a partition or a settlement deed and subsequently, mutation could be carried out.

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