My Uncle having no Class I heir died intestate on 25/09/2012, leaving behind a property (A Flat in a residential Building) in Kolkata, purchased by him during 2007.
The aforesaid uncle was the youngest of their three brothers and two sisters. My deceased father was the eldest among their brothers and as on date the only living brother is my first uncle. All other brothers and sisters passed away long back.
My aforesaid deceased uncle was a bachelor and thus had no Class I heir. Among the Class II heirs the following are living:
1) The deceased uncles only living elder brother aged app. 85 years.
2) We two sons and one daughter of the deceased uncle’s eldest brother (Our father )
3) 4 nephews and two nieces of the deceased elder sisters of my deceased uncle are living.
Request kind guidance on heir ship right on the property of the deceased uncle as mentioned.
In case the sole heir ship right goes in favour of my deceased uncle’s only living elder brother, who is our only living uncle, can sell out the property right away to a purchaser without obtaining his title on the property documents or mutation in the municipal records, on the strength of his heir ship right declared by him by way of an Affidavit sworn by him?
Please let us have your kind advice/ clarification.
