Dear Cleint,

On your father intestate death, assets will inherit by 1/6th each.

Succession Certificate - Pros /Cons. -- For movable securities. 


2. Relinquishment Deed - Pros/Cons. -- To give share to other co owner. 

Apply for legal heir certificate. Execute POA in his favor. 

Apply for and obtain letters of administration from district court or HC having jurisdiction 

2) Other  legal heirs can execute consent affidavit to relinquish share in property 

3) succession certificate is only for movable debts and securities 

4) then apply for mutation of property in the names of mother 

5)  legal fees vary depending upon the lawyer engaged by you 

Since your father had died without leaving any WILL, his property will go in equal share amongst his Class-I heirs viz., his widow (i.e. your mother), his children and also his mother (in case she is alive).

First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate.

After making enquiries, the Tehasildar will issue the legal heir certificate.

On the basis of the said legal heir certificate, the legal heirs have to approach the Authorities for mutation of the property in their name.

However, you want that the property should be registered in your mother's name. For this, all the other legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares in the property in favour of your mother. The Relinquishment Deed will involve very small stamp duty and registration fee.

Advocate is not required to be part of real estate transaction only you have to pay legal documents preparing charges to advocate. 

1. It's heartening to learn that all the children want property to be transferred in mother's name.

2. To make your mother as the owner of the property, all the children have to execute registered Release/Relinquishment Deed in favour of their mother. In this way, your mother will become absolute owner of the property.

3.  For claiming proceeds in the bank FDs, etc

, you may have to provide Genealogical (Family) Tree and if the bank officials insist upon the Succession certificate, the same can be obtained through Court.

4.  Since your younger brother is staying in Kolkata and others are staying elsewhere, a POA (Power of Attorney) delegating power to sign on behalf of others can be entrusted to your younger brother by appointing him as Attorney, who can represent all of you.

See for transferring the property in mothers name you all brother and sister need to transfer your share through relinquishment deed registered in favour of mother.

Stamp duty and registration certificate is compulsory for the relinquishment deed.

Further the succession certificate is for movable debt that is bank accounts and fixed deposits see if in case you all legal heirs give NOC in favour of the mother then in that case bank wont ask for a succession certificate.

For relinquishment deed first you have to do mutation in favour of all the legal heirs by filing an application along with death certificate copy of family rasan card and affidavit disclosing name of all legal heirs.

In case if brother and sister leaving outside can send a POA in favour of brother residing in kolkata.

Succession certificate is only given for the immovable properties, so the same will have to be obtained for transfer of sureties and money. For transfer of Immovable properties a legal heir certificate will have to be obtained. 

I would advise that the same is mutated to the name of mother and during the same NOC alongwith the legal heir certificate be provided. 

Regards  

Dear Sir,

It can be transferred equally among all siblings and mother.  Each department has different rule it may accept legal  heir certificate or succession certificate etc,.  A simple notarized affidavit is sufficient to derive the properties and amount.  One of the siblings may application before concerned authorities along with notarized affidavit.  The nominee has to distribute amount received among all the siblings equally.  Presence of all the persons is not necessary. The legal expenses depends the profile of the advocates.

Succession certificate and relinquishment deed both are good. For Succession Certificate you need to move to court and relinquishment deed can be executed without court. Fees vary as per advocate

Succession certificate would be required for claiming the balance amount lying in his bank account which is without nomination.

In fact, the bank may agree for indemnity bond given jointly by all the legal heirs to avail the amount lying in the bank  hence there won't be a necessity for succession certificate.

A legal heirship certificate issued by the Tehsildar would enable you to mutate the properties and transfer the revenue records to your names.

Now if the other heirs cannot travel to Kolkata, then they can give a POA deed in favor of the person who lives in Kolkata  who will be able to execute the desired tasks and comply with other legal formalities on their behalf also.

Take the assistance of a local advocate for completing the desired tasks without any problem.

1. Succession certificate is relating to movable assets of the predecessor in interest of the successor while through release deed the immovable property is transferred from one person to another.

2. On death of your father apart form mother you and your siblings, if any , also inherits the property in equal share and to make one of you its sole owner the remaining co sharers will have to transfer their respective share in favour of your mother.

You will need letters of administration to transfer title from your father to your mother

If there is a nominee for FD then funds can be released to nominee

Parties not residing here will have to act through their power of attorney holders