Children along with father will inherit property by 1/7th share each. Apply for legal heir certificate, if demanded by buyer to satisfied who inherited property. All 7 will include as seller or give POA to any one to act on their behalf.
Ownership of mother's property after her death
My mother died few years (2016) ago. My father is alive. I have 2 brothers and 4 sisters. All are married. My family includes my wife, one major child and one minor child. We have not done any transfer of rights or property transfer, and there is no will left by my mother. All the papers are on the name of My Mother in the form of General Power of Attorney (GPA) Who all are the rightful owners of this property and what is the share of ownership for each? What are the legal proceedings in this case to enable the property sale? Who all of us need to sign in the sale deed for the transfer?
Asked 6 years ago in Property Law
Religion: Hindu
10 Answers
See firstly your mother has property by GPA same is not valid for absolute ownership the legal heirs of mother that is you along brother and sisters and father has to filed suit of declaration to get the ownership.
Further you along brother sisters and father shall have equal rights in property. You all shall have 1/8 share in the property.
On Mother demise you have one seventh share in property standing in her name
2) if mother had only GPA it ceases on her demise
3) approach the principal to execute sale deed in your favour to confer title to property
1. On death of your mother intestate all her properties left by her is liable for equal distribution among all her legal heirs.
2. So to divide the properties among children and husband i.e. 7 persons in total , all of you can agree to distribute the same by way of mutual deed of partition.
3. The same need not be registered.
From the contents of your query it can be understood that your mother is having only general power of attorney deed on her name to claim the property. Without any valid registered title document even your mother is not an absolute owner of the property with clear and marketable title to the property.
On the death of the power holder the POA stands revoked or cancelled automatically and the property gets back to its original owner.
Therefore, in the absence of title to the property to your mother,none of her legal heirs have any rights over the property she is reported to have left behind upon her intestate death.
You may contact the original owner to execute the registered sale deed on anyone of your family by obtaining a formal NOC from other legal heirs so that you can first retain the proeprty from being taken away by the original owner upon cancellation of the GPA due to death of power agent.
If she dies intestate then it will be equally divided between husband and children.
Since your mother died intestate and if it was her self acquired property then as per Section 10 of Hindu Succession Act, the property will devolve to all her legal heir including daugthers son. You can file suit for partition therby seeking your share in the property.
1. IF the property is recorded in name of Mother, in the Revenue /Municipal records, ONLY THEN the residual legal heirs are entitled to sell mother's property.
2. Besides the above, "ALL" the residual legal heirs of deceased mother (Husband & 6 children) are entitled to EQUAL share of deceased Mothers property, provided she demised without executing any WILL document.
3. Further, such property can also be sold (even without transfer) by mutual & consent signatures of ALL the residual legal heirs, on the sale deed as "confirming & consenting parties".
4. Your Wife & your children are not YET entitled to share of Mother's property.
Dear sir,
As per your query, it is understandable that your mother died intestate( without will) and is survived by your father, you, 2 brothers and 4 sisters. SO, by that Rule of Intestate succession will be applied to your family tree and the share available with each person will be 1/8 of the property.
To transfer the property you will be requiring a succession heir certificate/ surviving member certificate registered by the SDM of your area and accordingly , if all the members having share in the property are willing then yoiu can sell the property through registered deed. If not, then you will have to file a partition suit and then can sell your share.
Hopes that solves your query. You can contact me for consultation and the succession heir certificate and for sale of the property.
Regards,
YUGANSHU SHARMA
ADVOCATE
Righful heirs of property are your father and all your siblings including you. And all have equal share in the properties of your mother.
