Legal heir
Querist :
Anonymous
(Querist) 31 August 2023
This query is : Resolved
We have a property jointly owned by our parents in Nerul, Navi Mumbai , Maharashtra. My father has passed away and we would like to know the process of inheriting the property after the demise our mother. What documentation we need to do now. We are 4 siblings in total.
Can we apply for legal heirship certificate in the name of our father and will that be useful later when our mother passes away to claim our rights to the property. OR
Do we need to transfer the 100 % ownership of the property to our mother now and have a gift deed done with the property split amongst the siblings.
What would be best and the easiest option
Please advise
kavksatyanarayana
(Expert) 31 August 2023
The property is owned jointly by your parents, your father and mother have equal rights over it. Now after your father's death, his half share shall devolve among your mother and the siblings of yours. Your 4 siblings shall release your rights over the 1/2 share of your late father to your mother. Your mother may execute a Will for the property to your 4 siblings as beneficiaries equally.
T. Kalaiselvan, Advocate
(Expert) 01 September 2023
You, your siblings and mother are the legal heirs to your deceased father to succeed his estates.
you get the legal heirship certificate and if you all want the property to be transferred to your mother's name, then you four can execute a registered release deed relinquishing your rights in the property, she will then become an absolute owner of the entire property.
Querist :
Anonymous
(Querist) 01 September 2023
Thank you so much for the prompt replies .
We want to be able to inherit the property after the passing of our mother . In such a scenario is there any benefit in making our mother the 100% owner of the property ? Can we get a legal heir certificate and would that be enough to claim our rights to the property.
What are the documents that needs to be provided to get the legal heir certificate
Querist :
Anonymous
(Querist) 01 September 2023
We do not want to incur any cost in transferring 100% ownership of the property to our mother as I am thinking that it would be unnecessary . The legal heir certificate will help us to claim the property after the demise of our mother.
Advocate Bhartesh goyal 
(Expert) 01 September 2023
Yes, you may obtain legal heirship certificate from concern authority .
After demise of your mother,you and your siblings will get equal share and rights in property owned jointly by your parents.
