• In law, is legal heir & successor the same as "owner"?

I have to submit an affidavit that I do not own any immoveable property - in part or full. I want to know if I can submit it based on the following facts:

My mother died a few years back without leaving a will.

My 3 siblings and I are now the legal heirs and successors to my mother's immoveable property.

But because of a family dispute, we could not arrive at any settlement. As a result, my mother's property was never partitioned or mutated. The entire property is still in the SOLE name of my mother - in ALL the land and revenue records. But the matter never went to court & there is no litigation in any court about this matter.

Can I submit the affidavit?
Asked 3 years ago in Property Law from New Delhi, Delhi
1. Well whether you have made partition of the property by metes and bounds ( physically ) or not does  ot make any difference as you are co-sharers of the said said property.
2. in that context it will be false statement on oath if you swear an affidavit stating that you do not any immovable property.
3. On the basis if this fact I can not advise to execute such affidavit as making false statement on oath is a criminal offence.
Devajyoti Barman
Advocate, Kolkata
12505 Answers
160 Consultations

5.0 on 5.0

1) As you mentioned you have an inheritance from your deceased mother which remains without being partitioned or distributed proportionate to your shares owing to lack of consensus among heirs.

2) As your mother died intestate the property will devolve among you siblings.

3) It would be pertinent to know for what purpose you need to submit the affidavit of having no ownership.I hope it has nothing to do with determining the partition of the suit in question.

4) Technically until you have in fact inherited the Proprty in the true sense of the term by division of it in metes and bounds or by a family settlement deed you can be treated as an incumbent owner. And that being the case you may submit the affidavit until such mutation or transfer of interest in the property occurs.

5) However since the passing away of your mother you are the legal owner of your share in the property albeit you have not staked claim on it as law confers the right to own your share.

6) In my opinion you can submit the affidavit at this stage.
S J Mathew
Advocate, Mumbai
2229 Answers
110 Consultations

5.0 on 5.0

Hi, you have to file a petition before the court that these are all the legal heirs of the deceased then the court will issue the succession certificate for the immovable property so that all you mutated the name this is the procedure in law but you may submit the affidavit stating that these are all the legal heirs of the decease so that concerned authority may mutate the name in all of your favor.
Pradeep Bharathipura
Advocate, Bangalore
4528 Answers
202 Consultations

4.3 on 5.0

1. Despite the fact that you and your siblings have not reached at any settlement with regard to the division of property of your deceased mother, the fact remains that you and your siblings are the co-sharers of the property. The share of all the legal heirs of your mother is fixed and indefeasible.

2. After the intestate demise of your mother any of her legal heirs could file a lawsuit to cull out his/her share in the property. The absence of partition does not override the share which has accrued to every legal heir on the demise of his mother. As such, every legal heir of your mother is the owner proportionate to his share in the undivided property of his deceased mother.

3. On account of above, it would be wrong of you to state that you do not own any immovable property. If you state contrary to the truth, you can be prosecuted for making a false statement on an affidavit.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1) please do not furnish affidavit that you do not own any immovable property . making false statrment on oath is a criminal offence and you can be prosecuted for perjury 

2) on your mother demise you have 1/4th share in property standing in her name . 

3) the fact that no partition has taken place and property continues to stand in your mother name is immaterial .
Ajay Sethi
Advocate, Mumbai
44224 Answers
2565 Consultations

5.0 on 5.0

If you have to submit the affidavit to DDA to be eligible for allotment of a flat, then in my opinion you can submit the affidavit. Owning a share in the property is not same as owning a dwelling house.
H. S. Thukral
Advocate, New Delhi
556 Answers
166 Consultations

5.0 on 5.0

1. I opine differently,

2. You are not yet owner of any share of  your mother's property which is still in her name,

3. Who knows whether your brother will not present and showing that the entire property of your mother has already been willed by her to him?

4. Till there is any property in your name, you are not the owner of any property,

5. Mere expectation of inheriting sahre of a property does not entitle you to claim to be the ownetr of the said share of the property till you get bit in your name,

6. However, while affiriming under affidavit, you can mention that there is no property standing in your name.
Krishna Kishore Ganguly
Advocate, Kolkata
18116 Answers
438 Consultations

5.0 on 5.0

in the life time of your mother you have "spes successnis" means likely to get property in succession so you can give such affidavit but after death of mother you have vested interest in her property because she is died intestate.  it does not matter that  it is muted or not. if you are living in her house then you can't give this affidavit. if you are not living in the house and need a house then you can give this affidavit.
Shivendra Pratap Singh
Advocate, Lucknow
4973 Answers
78 Consultations

4.9 on 5.0

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