Dear Client,
Apply for Legal heir certificate at tehsildaar office and on the basis of it, father name will substitute with rest legal heirs. Involvement of court not required.
Sir, I am from Mumbai. My father has expired 10 years back. We have a ancestral house in a village in pune district. The house in in the name of 4 i.e. my father and his 3 brothers. I want to incorporate the names of 3 siblings in place of my father. What is required? As read in this column, succession certificate is required only in case of movable property.
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Dear Client,
Apply for Legal heir certificate at tehsildaar office and on the basis of it, father name will substitute with rest legal heirs. Involvement of court not required.
Dear Client,
You and your siblings will get only your father's share. You will inherit his share. For this purpose, you need to visit Patwari's office.
1. obtain letters of administration from Bombay High Court
2. the holder of the LA will then have to transfer the father's 1/4th share to his children against NOC from the father's other legal heirs like mother (if alive) and widow
3. on execution of transfer deeds and their registration the title of the siblings will be complete and using that their names can be entered in the land records
You need to file an application for mutation of the property for mutation along with application death certificate of father family rasan card and affidavit name of your mother if alive with all your siblings shall be mutated
You don’t need succession certificate
2) apply for mutation of property in name of legal heirs
3) enclose father death certificate
4) latest receipt of payment of property taxes
5) if no objections are received mutation would be done in name of legal heirs
Hello,
A legal heirship certificate can be obtained by you from the court and on the basis of the same the name of the legal heirs scan be incorporated.
Regard s
No succession certificate is required in case of inheritance of immovable property. To mutate the revenue records, Legal heir certificate is to be obtained from the concerned revenue authorities. Succession certificate is required only in case of transfer of shares, securities and money deposits of deceased person.
This is my response to you:
1. Legal heir certificate is required in movable properties;
2. Succession certificate is required for immovable properties;
3. Once you obtain that then approach the registrar and make the mutation entries;
4. Find a local lawyer and approach the district court for obtaining the succession certificate;
5. If there was a Will then you could have filed probate petition;
6. Consult a local lawyer and sort out your particular case problem.
Succession certificate is required for immovable property and on the basis of that you can give noc for relinquishing your hereditary right in that property and then your siblings can remove your father's name from property ownership.
1. You are required to apply for mutation of inheritance in the office of tehsildar on the basis of death certificate of your father as his share has devolved on his Class 1 heirs.
2. True it is that Succession Certificate is required only for movable property.
OPTION-01:
1. IF it is a village House, THEN the local Gram Panchayat, can Transfer Father's share in name of Father's Childrens, based on the following documents:
a) Original Death Certificate of Father
b) Birth Certificate, Aadhar & PAN & Ration cards of the Childrens
c) NOC Affidavits of the Three Uncles, not objecting to inclusion of the Three Childrens names in lieu of the deceased father
d) Indemnity Bond, executed by the Three childrens of the deceased Father.
e) Proper Application, with the above annexed documents. Address it to the Sarpanch.
f) All the same also is required at Talati office level, to Transfer the Plot of Land, on which the House stands.
2. OPTION-02:
a) IF Father did NOT leave any Will, THEN obtain a "Letter of Administration" from Mumbai High Court for all movable & immovable properties of deceased Father.
b) IF Father did leave any Will, THEN obtain a "Probate" from Mumbai High Court for all movable & immovable properties of deceased Father.
Keep Smiling .... Hemant Agarwal
On the basis of the death certificate of your father, you may file a partition suit seeking partition and separate possession of your father's share ion the property to all of his legal heirs.
Once your father's share of proeprty has been released by the cosharers to you people then you can apply for mutation of records to your names.