Residential property of late father at satara
ramesh
(Querist) 20 June 2012
This query is : Resolved
Respected Sir,
I, regret to inform sad demise of my father an ex-serviceman on 25-02-2012 in Ashwini Hospital, Colaba, Mumbai. He is having Residential Bunglow in Sainik-nagar, Satara which is given on rental.
In order to know property-rights, I give the family details as under :-
1.Mother - Expired on 30-01-1991.
2.Ramesh - Elder Son (Self)60 Yrs.
3.Vinayak- Son Expired on 11-05-2005
4.Ms.Pushpa Vinayak-Daughter-in-law:52 Yrs
5.Anant - Son : 57 Yrs.
6.Nalini - Daughter (Married):58 Yrs.
7.Shobha - Daughter (Married):56 Yrs.
8.Manda - Daughter (Un-married): 50Yrs.& mentally retarded suffering from MRT Physosos, continuously under medical treatment & therefore she is put in a Care Centre on payment of Rs.12,000/- p.m.
Since there is dispute, I being elder Son intend to have equal rights. Let me know the Steps for obtaining Succession Certificate/Legal Heir Certificate as we all are staying around Mumbai.
Kindly advice.
Anirudh
(Expert) 20 June 2012
As per the facts given by you, it seems that your father had died intestate (i.e. without leaving any WILL).
Therefore, the property will have to be shared equally amongst all his legal heirs.
The legal heirs of your deceased father are:
2 living sons; widow of the pre-deceased son Mr. Vinayak and 3 daughters.
Thus, the property has to be shared between all the six legal heirs and each one will get 1/6th share.
You have to apply for 'Legal heir certificate' and not Succession Certificate. For this, please approach your local lawyer. You have to make available the original death certificate of your father to the lawyer, who will make the application for grant of Legal Heir Certificate.
