Transfer of immovable property
My father expired. He has not made any will.The legal heads of my father is my mother, we two brother and one sister. My father had one land with an in-build house. we do not have any contact with my brother since last 12 years. We don't know his where about. Now with out my brother how could we transfer the property in our name i.e my mother, myself and my sister. please advice.
Asked 2 years ago in Property Law from Kharagpur, West Bengal
The property can be divided between you, your brother and sister, and your mother by a consensus. As and when your brother contacts you it will be prudent for you to give him his share.
on your father death each legal heir has 1/4th share in property . contact a detective agency to trace out your brother
If you have not heard from your brother for last 12 years, there is presumption in law that in such a situation a person has died. You can seek a declaration from the court in this regard and proceed further to transfer the property as per desire of the remaining LRs.
Advocate, New Delhi