Shruti (Software Engineer) 05 December 2011

Right of property

Hello all,

I have a house whoose ownership was jointly held by me and my brother. He expired recently. Will all the property rights come to me or I need to do something about it. This property was a self earned property which was purchased by BDA by us. My brother has not left any will, so I am trying to find out if I get the rights automatically or I need to something regarding this. My brother was not married and I am also not married. My mother is alive and I have another younger brother also. Any advise in this regard is highly appreciated.

Thanks and Regards,

Shruti

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6 Replies

Vakeel Civil Court (Director) 05 December 2011

Your mother is a legal heir to your deceased brother.

If you wish to get the property transfered in your name, your mother should execute a relinquishment deed.

adv. rajeev ( rajoo ) (practicing advocate) 05 December 2011

Your brother's wife and children are entittle to claim the share of your deceased brother, because they are the successors of the deceased. You alone cannot claim entire property.

adv. rajeev ( rajoo ) (practicing advocate) 05 December 2011

If he is unmarried then all the surviving legal heirs i.e., your mother, father are entittle to claim the share

unique horn (self) 05 December 2011

I agree what vakeel says....... Your mother was the class 1 heir of your decessed brother. Get a relinquishment deed from her.

Shruti (Software Engineer) 07 December 2011

Hello all,

Thanks for all of your valueable suggestions. My brother was not married.

Regards,

Shruti

Advocate Vishnu (Advocate) 07 December 2011

Shruti,

As per Hindu Succession act , your mother is entitled to the property of your unmarried brother. She may however transfer the property to you by a gift deed , by paying the relevant stamp duty charges.

Right of property

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