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Jitendra   26 December 2017

Name entry in ancestral house title

Please would someone help me. We have an ancestral house on joint names of VARIOUS family members. My parents lived in the house for 40 yrs and moved to the UK where they died. We are three children living in the UK. What is the procedure to have my parent's names removed and our names entered in the deed. I am in Vapi, (dist Valsad, Gujarat) on 18th Jan only for one day. Can the work be done in one day? Do I really need a solicitor and (I was told municipality officers will not do job unless Irvine them even though the work is legit and I have all necessary documents) any advise will be highly appreciated.


 6 Replies

P. Venu (Advocate)     26 December 2017

The best course is to execute a deed settling the property and get the mutation carried out.

Kumar Doab (FIN)     26 December 2017

Property on joint names of varius family members does not convey clear meaning.

Which are these various family members.

If your parents are dceased then their legal heirs alone and you being one of them can seek share per inheritance and updation in mutatin records..

 

If you mean from family members say; other than your parents then you may clarify what is your relationship with them and are they alive or deceased?

 

Kumar Doab (FIN)     26 December 2017

It is felt that you are all Hindu.

 

Confirm!

 

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.  

 

You can determine the share of each legal heir accordingly.

Kumar Doab (FIN)     26 December 2017

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The authority shall update share as per provisions of personal law that applies in mutation records.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.   The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

Kumar Doab (FIN)     26 December 2017

If all Co=sharers are willing then you have the perspective of Registered Family Settlement deed on amicable terms and IT will end the scope of any future dispute/litigation.

 

For your speculation on officials you may check locally.

 

Jitendra   03 January 2018

How to obtain legal heir certificate? Will Name of father in passport and school leaving certificate as well as the address in passport prove the heir status?

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