no will
Querist :
Anonymous
(Querist) 21 October 2009
This query is : Resolved
my father died 3 years ago without leaving a will . nowwhat should be done to accquire our right .
he is survived by wife daughter & son.
kindly explain in details the entire procedure.
A V Vishal
(Expert) 22 October 2009
Seek a succession certificate of all the legal heirs from the competent court and file a suit for partition, you will be guided by the succession act of the religion you follow.
KASI NAGESWARA RAO
(Expert) 22 October 2009
you can have the family members certificate from MRO or all of your family members can make a registered settlement deed
PALNITKAR V.V.
(Expert) 22 October 2009
The best course is to get succession certificate and enter into amicable partition. Get the partition document registered.
Adinath@Avinash Patil
(Expert) 22 October 2009
FILE CIVIL SUIT FOR PARTITION AND SEPERATE POSSESSION OF ALL PROPERTY.
Sachin Bhatia
(Expert) 22 October 2009
Get succession certificate of all the legal heirs from the competent civil court and file a suit for partition.
Kiran Kumar
(Expert) 22 October 2009
i agree with advice given by Vishal Ji and Sachin ji.
however, if possible you can make a family settlement also in this context in order to avoid suit for partition.
but for all othe purposes you must obtain succession certificate.
Prakash Yedhula
(Expert) 22 October 2009
It depends on the city in which the property is situate. In Chennai, Succession Certificate can be obtained only for movable properties. In respect of immovable properties one has the option to obtain letters of administration but the same is not mandatory.
Therefore the option is either to seek for a family partition and if that doesn't work out file a suit for partition.
Raj Kumar Makkad
(Expert) 22 October 2009
If you are Hindu then automatically all of you 3 legal heirs of your father have got 1/3 share automatically by way of inheritance without any court decree/succession certificate. You have just to submit the death certificate of your father with an application seeking change of his change by his legal heirs mentioned therein supported with an affidavit. No need for succession certificate in your case. Similar provision is in case of Christians.
adv. rajeev ( rajoo )
(Expert) 22 October 2009
you all have got 1/3rd share in your father's property.
When there is no will you have to obtain survivors certificate from the concerned revenue officer( Tahasildar) and give a vardi to the Tahasildar in case of agrl., lands and if house propery and NA lands then give a vardi to the Land records office to get enter your name to the properties.
The certificate issued by the revenue officer is not succession certificate it is survivors certificate, succession certificate will be issued by The civil Courts obly.
Suhail suhail
(Expert) 23 October 2009
well the learned friends have placed every possible way to get the matter resolved;i agree Mr.Raj Kumar,the property is to be divided as per the concerned personal law,i.e. if the party is Hindu,the matter is governed by Hindu succession act,and there the division of property is clearly mentioned.However if the party being Muslim the Muslim personal law will prevail to get division of property.However to get property divided and demarcated,tan application can be filed before the concerned revenue officials with the annexed death certificate and the legal heirs can be bought on record.So far as the accounts in banks,or immovable property the succession certificate is to be obtained which is the proper way to get the amounts distributed accordingly.
