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Malla (Partner)     29 August 2012

Who inherits the property when the owner died without a will

Hello Law Gurus,

My father died recently and he has a house in his name and there was no WILL. I have gone through the similar situations in this forum and they state that mother gets the equal share along with the kids (sons and daughters).  

1. Does my mom only (still alive) automatically becomes the property owner? We are not planning to sell the house now.

2. How to transfer the ownership to my mom? What documentation is needed?

3. If my mom is sole owner now, can she give the property to just a son or daughter? How to transfer the ownership to the reciever? What are the documentation needed for this?

4. We lost the house documents. How to get a copy of the documents? Where can we get a copy of it?

5. Once my mom transfers the ownership to son/daughter, can the other sons/daughters have any right on that house?

Please clarify. thanks in advance.

 

 



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     29 August 2012

respected querist,

I have gone through the similar situations in this forum and they state that mother gets the equal share along with the kids (sons and daughters).

yes your above statement is right.

1. Does my mom only (still alive) automatically becomes the property owner? We are not planning to sell the house now.

we can not say that legal heirs becomes owner automatically but they inherits /gets their right in the property after the death of the person if he had left no will .

2. How to transfer the ownership to my mom? What documentation is needed?

you can transfer ownership to your mother by registering the same in the concerned registrar office.

3. If my mom is sole owner now, can she give the property to just a son or daughter? How to transfer the ownership to the reciever? What are the documentation needed for this?

after receiving the full ownership ,she is free to give that property to any individual.

4. We lost the house documents. How to get a copy of the documents? Where can we get a copy of it?

you can apply for the same in your revnue office/registrar office.

5. Once my mom transfers the ownership to son/daughter, can the other sons/daughters have any right on that house?

reply is no,they dnt have any right as they had left their right before during the process of transfering the ownership process to their mother.

Malla (Partner)     29 August 2012

Thanks Anish for your prompt reply.

With respect to the second answer, to transfer ownership to my mom, does all my brothers and sisters have to give their consent to transfer? What if they don't give consent, does she have a equal share just like the sons and daughters?

I heard that, once we submit my father's death certificate in the village panchayat office, they will remove my dad's name and put my mom's name as the owner. Is it true? If it is true, does it mean she is the sole owner now?

  Thanks in advance.

 

 

Malla (Partner)     30 August 2012

Hello Gurus,

Would appreciate if someone clarify my doubt below.

With respect to the second answer, to transfer ownership to my mom, does all my brothers and sisters have to give their consent to transfer? What if they don't give consent, does she have a equal share just like the sons and daughters?

 

I heard that, once we submit my father's death certificate in the village panchayat office, they will remove my dad's name and put my mom's name as the owner. Is it true? If it is true, does it mean she is the sole owner now?

 

Thanks in advance.


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