We are three surviving hers of our family. My father had purchased a residential plot and subsequently constructed the same. He died intestate in Sept 2012 leaving behind my mother and three of us. My mother too died in July 2018 and now we three are the surviving heirs. All three of us have constructed / purchased our own houses and want to distribute the parental property within three of us equally. Since the same does not exist in any of our names, how shall we proceed? Can there be more shareholders of the property after our death and if so what shall be the share of our heirs?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Deed of family settlement has to be executed duly stamped and registered for division of property among the 3 legal heirs
2)deed should be duly stamped and registered
3) apply for mutation of property in name of legal heirs
4) enclose father, mother death certificate
Sir first the property has to be mutated in your all three names you have to submit an application of mutation along with death certificate of father and mother along with affidavit.
If your don't sell or trailer the property after your demise your children and wife shall be hire in your share of the property .
Hello
A succession certificate should be obtained from the district judge and based upon that the heirs of the property may file a partition suit and the civil court will grant a decree in your favour. Then you can sell the property as per your wishes.
Regards
Firslty, as per the information given you in the present above query, makes it clear that you all would get it equally divided under the law of Succession.
Secondly, for that, you all would need to get the succession certificate form the civil court of law, which may take 3 to 4 months.
Thirdly, thereafter, you can get go for the suit for share before the Civil Court of Law.
If any one of us is unwilling to seek the succession certificate from the Dist Judge, what are the options before the other two vis a vis the property.
Other two can apply for succession certificate make third person party in proceeding and then court can accordingly order.
1. IF the deceased has not executed a WILL, THEN ALL the residual Legal Heirs are entitled to EQUAL share of the Deceased's property.
2. Obtain Legal Heir Certificate from the local Tahsil office and submit the same to the Govt. Dept. IF they do not agree, THEN file Petition before the local Civil /High Court, to issue "Letter of Administration". This will require mutual consent from all the residual Legal Heirs
3. EVEN IF one residual Legal Heirs creates a objection /dispute, THEN remedy is Civil Suit, which will take years & years to decide.
Keep Smiling .... Hemant Agarwal
You should apply for it and the judge will issue the certificate based on the family tree and the affidavit field by You. He can summon the other bro in case of is needed.
Regards
Succession certificate is only for movable debts and securities
For immovable property you need letters of administration from district court
The house can be transferred in joint names of all three and then when required it can be sold and share can be jointly distributed .. if u don't distribute the property and dies Ur part of share that is 1/3 each will be given to the survivor of each share and if the person who died is not left any body to take the share than then that property will be distributed among other 2/3 share holders.. for more details feel free to contact..
The property of an intestate shall be divided among the heirs in class I .
Obtain a legal heirship certificate from the revenue officer.
All 3 of your must enter into a familly settment partioning this property into 3 equal(indenitified) shares.
- If there is a lack of cooperation between you and your siblings vis a vis obtaining a succession certificate, then it is advised that you file a suit for partition in the district court so as to enable you to enjoy your share of the property.
- If the property was solely owned by your father and there are no other heirs, then there can be no other shareholders apart from you three as long as all of you are alive. After death, your 1/3rd shares shall devolve equally unto your Class 1 legal heirs respectively and so on and so forth, as per the Hindu Succession Act.
For immovable property, succession certificate not issued. apply for legal heir certificate at Tehsildaar office than on the basis of it, property will transfer in joint ownership of all three.
Than can make oral partition or get it registered if reduced in writing.
On intestate death of any, his share will inherit in his legal heirs.
Since it is your father's own and absolute property, the same shall devolve equally on all his class I legal heirs.
Since you three are the only legal heirs, you all can jointly apply for transferring the revenue records of the property on your joint names.
Subsequently you can transfer all other records namely electricity, water, house tax etc to your names based on the mutated records.
If any one of us is unwilling to seek the succession certificate from the Dist Judge, what are the options before the other two vis a vis the property.
Succession certificate is not applicable for immovable property.
You may have to obtain legal heirship certificate from the Tehsildar office,.
It is not your choice to remove someone from the list of legal heirs to the deceased.
If you do not want to claim any share in the property you may relinquish your rights in the property by executing a registered release deed.
Succession certificate is compulsory. You cannot proceed to mutation without it.
After that you can make partition deed or if any dispute arises then can file suit for partition.
