Transfer of property share of the deceased

Querist : Anonymous (Querist) 13 December 2017 This query is : Resolved
Hi Everyone, We owned a joint property in my name along with my younger brother and my mother each having 1/3 share each. Unfortunately my younger brother passed away 1 year back. He did leave a hand written will behind which was un registered. In his will he had mentioned that he is bequeathing all his assets including property to his wife without specifically mentioning the property details. My Brother has a minor daughter and widowed wife now.

We have no conflict and are happy to transfer the 1/3 share of my brother to his widowed wife and daughter. We intend to sell the property and divide the proceeds in the same manner i.e 1/3 goes to my mother and 1/3 goes to my brothers wife and his daughter ( my brother's share in the property) and 1/3 comes to me. A

part from the un registered hand written will, death certificate and property documents, what all documents will be required to sell this property. How should we proceed with this matter to get all the documentation in place? Also is it necessary to have all the legal proceeding done in the area where the property is located? Thanks

Follow Query

Report Abuse

Guest (Expert) 13 December 2017
First apply for Legal Heir Certificate in which the names of all the family members of your deceased brother including your mother would appear.All the Legal heirs mentioned in the Certificate could sign on his behalf.A separate undertaking by the mother and grand mother on behalf of the child of your deceased brother would be mandatory.Discuss with local Advocate.

kavksatyanarayana (Expert) 13 December 2017
Yes. With legal heir certificate you can sell the property the sale proceeds will be distributed among mother, brother and wife & minor daughter of deceased brother for his share. the document can be registered where the property is situated. consult a local lawyer for guidance and necessary action.