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chandrasekaran   13 October 2019

Property issue

My father and mother died recently. There are 3 Sons and 2 daughters for them. All are married. •For Son1 –There are 3 sons (all are married) •For Son2 – There are 1 son & 1 daughter (married) •For Son3 - There are 2 daughters (.i.e includes 1 married daughter) •For Daughter1 – There are 2 Daughters(married) & 1 son (Major) •For Daughter2 (not alive) – 1 son (married). Her husband is alive and married again. Movable and immovable assets are self acquired by father & mother. Father had wrote a WILL in which some portion of agriculture land and tiled house were not covered. Agriculture land is there in mother’s name but there is no WILL. What are the rights for each one on the above? Are grand children have any rights? Don’t have legal heir certificate. Who are all the legal heirs? To register the above property in my name, from whom I have to get release deed. Thanks.


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 3 Replies

Tapal Manjunath Reddy (Advocate)     13 October 2019

Each son and daughter are entitled to 1/5th share in the properties which are not disposed by will.. The husband of the deceased daughter is not entitled to claim share through his deceased wife as he has second time married... However, the children of the deceased daughter are entitled to the claim 1/5th share of the deceased mother.... when the sons and daughters are alive, grand sons and daughters have no rights to claim interest in the property....

chandrasekaran   13 October 2019

Thank you sir. However, you have not clarified about the release deed & legal heirs certificate.
 
 
 
 

Tapal Manjunath Reddy (Advocate)     13 October 2019

succession certificate is required only when there is dispute in relationship... otherwise not required..If you want to acquire entire rights on the property alone... you have to get Registered relinquishment deed from the remaining share holders or LR's

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