This is my response to you:

(1) What is the process to obtain a clear property title now?

Answer: Firstly do a Title Search Report through an advocate. Then let your appointed lawyer examine your title and the claim each owner has;

(2) Do we need probate or succession cert.s and/or Letters of Admin?

Answer: If there is Will. Then probate otherwise succession certificate will be enough;

(3) Do we need NOCs from sisters at each level of each branch?

Answer: If it is ancestral or even self-acquired then you will need NOC from all the legal heirs, Class I or II or III;

(4) Is it true that max charge for the probate is ₹75,000? (5) Any other requirements?

Answer: There is no charge. You will have to pay court fees etc. Consult a local lawyer and then go ahead with the same.

Dear Client,

You all required to partition of share through registered partition deed and sister will release their share in brother by executing GIFT/release deed.

Not a case of probate or succession cert.s and/or Letters of Admin.

1. Sir all the legal heirs co owners can get there name mutated in the revenue/muncipal records. Based on the death certificate and affidavit an application can be given

Further in case of daughters relinquishment deed need to be signed by them in favour of brothers otherwise they shall also have share.

In case there is will then probate is required.

4. Yes.

You need to apply for probate in case of co owner who died intestate

2) for person who died intestate you need letter of administration

3) maximum court fees for probate or LA is Rs 75000!

4) sisters can execute deedbof relinquishment to relinquish their share in property

5) it should be duly stamped and registered

1. I would like to see the principal purchase deed of 1940

2. A family tree tracing down to present generation

3. For those members who died testate, their shares have to be dealt with as per directions contained in Will

4. Filing LA petitions for all members dying intestate and probate petitions or LA with Will annexed petitions for members dying testate, will be a daunting task

5. So some other way out is needed. May be a collusive suit

6. Max court fee as of now for probate or LA is indeed 75k

The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations’ share in turn is sub-divided. Each generation inherits from its predecessors.

1. Get in touch with a lawyer who may give you a report of the same.

2. No, you do not need anything at this juncture, since all the legal heirs are alive and there is no other legal heir.

3. It will be good if you obtain the same.

4. There is no fix limit for probate.

Get in touch with a local lawyer.

Regards f

Hi,

You may also use the succession certificate for transfer of property on your names. You may enter into joint agreement and get the deed registered.

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.

Instead of gong through an arduous and cumbersome process, it would be better that all co-owners meet and arrive at an amicable partition with the mutually agreed conditions and take possession of each individual's schedule of proeprty as per the partition deed so drawn and registered before the concerned sub-registrar.

The daughters of the family are also entitled to their legitimate share in the property as a right hence they cannot be ignored while sharing the properties among the family members.

In my opinion, if there is a mutual or consensual partition on the terms and conditions mutually agreed by all the shareholders, there wont be a necessity for probate or letters of administration.

You may consult a local advocate and discuss the subject matter at length and arrive at a solution which would be agreeable to all