Hello there, My question is regarding succession of a flat in Mumbai. (About family) The deceased is the big brother of my father with other two younger brothers. They all are at Nepal they don't have any documents in India. The mother (my grand mother) of the deceased is still alive and she is also at Nepal. The deceased has 4 sisters and all of them are married. only Me and my brother used to live with the deacesed at mumbai. and we have name in the ration card along the deceased. Both of us me and my brother have documents in India ( Pan, voter id, aadhar card, and ration card along the name of deacesed). He never got married and his father is also dead. (About the property) There is a flat in SRA building ( redevelopment of a slums) In the name of deacesed at Goregoan, Mumbai. A bank account and a life insurance with Tata AIG( insurance is may be or may not be). (details) The deceased was died in a hospital at Nepal because of illness. he was hospitalized for 6 days. he went to Nepal about 15 days prior to his death. his last death ceremony is being conducted by his brothers. The deceased has no written will. I am not very sure about the nomination, mostly not. However he once told me he has put my name as nomination for a flat but not sure. There should not me any nominees as per my knowledge. Now my question is who can claim his property? Can me and my brother share the property if there is no nominee mentioned? How would be the chances for his brothers and mother? How should i approach to this. Is there anyone who can help me with this procedures. Thankyou Nawaraj USA
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On demise of your brother intestate your mother , brothers would be legal heirs
2)you have to apply for obtaining letters of administration from Bombay high court as brother did not leave any will nor nomination form
3) letter of administration takes 6 months
4) you have to enclose brother death certificate pay court fees
5) contact a local lawyer in Bombay
Yes you can definitely claim the property, but while doing the same you will have to disclose the name of all the legal heirs and they will be required to file a no objection certificate. You may please contact a local lawyer who will help you in filing the case.
Letter of administration will be issued by the HC, Bombay.
Regards
Thank you so much for the priceless advice!! I am his (Deacesed) BHATIJ lived with him. And His brothers are at Nepal and they don't have any ID and proofs in India. However i do have my name in his ration card. and i also have others ID in India. Would that be a privilege for me for the succession. Why should I disclose his brothers name in legal hires since they have never been part of him in India. Just trying to seek advice if anyway i can get the property transferred on my name. Any legal possibilities without bringing his brothers in pictures. What if he has mentioned my name in nomination. There is a possibility of nomination in my name too but not sure yet, since I am here at USA Thank you.
One of the core legal documents that evidence the proof of property sale and transfer of ownership between the seller and the buyer is the Sale Deed. So after the death of deceased his legal heirs become the absolute owners of the property. Check the title deed of the property and its ownership.
Now my question is who can claim his property?
All his legal heirs (deceased persons brothers, sisters and mother along with children’s and wife of deceased brother if any.
So in your case the letter of administration is solution for utilizing the property of the deceased. Letters of Administration are granted by a Surrogate Court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under Intestacy Rules or where there are no executors living (and willing and able to act) having been validly appointed under the deceased's will. Essentially, this document is issued to the person who will administer the estate of someone who dies without a will.
An application is to be filed to a civil court of competent jurisdiction which will then appoint the Administrator to dispose off the debts.
How to apply for Letter of Administration
Application
1. Form for the grant of Letters of Administration is in Schedule VII of Indian Succession Act, 1925, contains the form for grant of Letters of Administration. This application can be made 14 days after the death. The court grants the letter to beneficiary on being satisfied and if no one applies it may be granted to the creditor of the deceased.
2. Will has to be duly executed and petitioner’s name must be there. Details like time of death, amounts of assets have to be mentioned.
If you obtain letters of administration in your name by suppressing material facts court can in application of other legal heirs set aside LA issued in your name
2) please note nominee in only trustee for legal heirs . You would not be absolute owner of flat but mere trustee
1. First of all get it verified with the secretary of the association/society of your building as to whom has he mentioned as the nominee of his flat.
2. If he has nominated you then you own the said property and can live therein as per the Judgement passed by the Supreme Court.
3. If he has not nominated anybody then all his legal heirs will equally share the said flat including his mother, brothers and sisters.
4. Alternatively, you can get relinquishment deed registered by all other legal heirs ( even by paying some amount) and own the entire flat legally.
5. After getting the said relinquishment deed registered, send a copy of the same to the Society/Association and get his name replaced by your name in the share certificate of the co-operative society, if it is a co-operative society.
1. It will not be legally prudent on your part not to disclose his other legal heirs name and submit a false affidavit to get the legal heir certificate only in your name.
2. If you are caught on a later date then you shall be charged for cheating the Government with false affidavit knowing it very well that the said affidavit is false.
3. It would be ideal for you to get a relinquishment deed registered by all the legal heirs of the deceased person in your favour for which you should even pay them some amount if they son demand.
4. It will thus clear your ownership without any future problem or demand/claim in connection with the ownership of the said flat.
Hiii, the class 1 legal heirs of the property are his brothers , sisters mother and farher... They can claim the share in the property if they want or if they are having knowledge of the property .. It is not relevant whether they have thier ration card here on India or not.. 2) if you file for succession certificate court will be requiring NOC from his other legal heirs , and which you cannot possibly lie that no legal heir does exist .. If you can obtain NOC from the legal heirs then you can get the property transfered in your name ...
Even if there is a nomination the NOC from rest of the legal heirs will be required.
Since the deceased is your father's brother, your father can claim the property as class II legal heir and acquire the same.
If your father is not living, as per law, the other siblings of the deceased can claim the property.
However all these can happen only when the deceased is not survived by and class I legal heirs.
Since your grandmother is living, she is the right person to acquire the proerty left behind by the deceased and not you
Even though your grandmother is a Nepali, she can inherit the property as a legal heir and transfer the same to anyone of her choice at a later stage.,
This is an online legal platform.
Here suggestions can be rendered based on the legal issues only.
No illegal suggestions can be given.
The position of law is that yor grandmother, who is stated to be living, is the right person as a legal heir who can legally inherit the property of the unmarried deceased who is reported to have died intestate.