• Succession of property

My father passed away in 2010 leaving behind his wife, son, daughter and his mother as legal heirs. The property was not released to any of the legal heirs until today. My father's mother (grandma) passed away in 2014.

Now, we would like to release the property to any one of the 3 legal heirs (son, daughter and mother).

Note: Grandma gifted the property to my Father back in 1987, through a partition deed between her sons.

I would like to know the procedure and what all legal documents are required other than the below,

1. Death certificate of Father 
2. Legal Heir certificate of Father
3. Death certificate of Father's mother
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

You will be needing IDs of both legal heirs and properties you want to be released on name of remaining legal heirs.

And relinquishment deed from the heir who want to give up share from the property.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You need shareholding certificate and the death certificate of your father to get the shareholding certificate from the district magistrate office and you can claim the property accordingly in case anyone of you are not willing to take the property you can surrender your share of property in favour of any other person of the family by a gift deed or relinquishment deed.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Since your father died intestate apply for letters of administration from district court 

 

2) enclose father death certificate 

 

3) consent affidavit of other legal heirs 

 

4) notice would be issued to all legal heirs 

 

5) if no objections are received you would get LA in 6 months

 

 

6) then apply for mutation of property in your name 

Ajay Sethi
Advocate, Mumbai
94682 Answers
7525 Consultations

5.0 on 5.0

You want that the property be named to any one of the 3. In that case a relinquishment deed must be given by the other 2 in favour of the 3rd one. A declaratory suit must be filed.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. BESIDES the mentioned documents, the following would be required as may be applicable:

a)  NOC from Society /Association

b)  Loan Closure letter (if any)

c)  PAN & Aadhar card of all the residual legal heirs.

d) Irrevocable Release Deed (duly registered)

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Do your father was only son ? if yes than any two heirs will execute release deed in favor on 3rd heir.

Death certificate of Father 

Legal Heir certificate of Father

Death certificate of Father's mother

These documents shall be carry as will come in use in future. Property documents will require through which property was acquired and partition deed etc. .

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

That will be all. 

Prashant Nayak
Advocate, Mumbai
31914 Answers
179 Consultations

4.1 on 5.0

- After the demise of your father ,now his property will be devolved to his living legal heirs as per law.

- Out of all the legal heirs mentioned by you, everybody should execute a Relinquishment Deed in favour of that person , to whom you wanted to transfer the shares. 

- If, everybody of the legal heirs not agree to transfer their shares to that persons , then he will have to obtained Succession certificate from the court after filing a petition . 

- Since, your grandma gifted the property to your father , hence now this property will be considered as an ancestral property , and after the death of your father , you & all other legal heirs having right over the same.

- Out of your mentioned documents , property papers in the name of your father required. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13206 Answers
197 Consultations

5.0 on 5.0

If it is to release then the original documents are also required. 

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Besides the above documents, you may require to possess:

original registered title document;

tax paid receipts;

mutation records of the original owner;

electricity connection and water tax receipts;

registration of property with the corporation authorities for taxation purposes, 

encumbrance certificate etc.

T Kalaiselvan
Advocate, Vellore
84881 Answers
2189 Consultations

5.0 on 5.0

In your case, Son, daughter and wife of the deceased are the entitled legal heirs to get his property . In so far as the son, daughter and wife share is concern, they shall partition the property between themselves or shall execute the release deed in favour of anyone between them.

After death of your father , your grand mother also will get one share on his intestate property. On her death,1.  if she doesn’t have any other legal heirs other than your father then her entire share will come to all of you as her son’s heirs.

2. If she has other legal heirs(son or daughters except your father) then her share will devolve upon her first class legal heirs . If she has 2 son then both son will get equal share and the half share allotted to your father will come to all of you as his first class legal heirs.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

4.9 on 5.0

apply for 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. you want that the property should be registered in one legal heir name . For this, all the other legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

See grandmother share on her demise after father shall.go to legal heirs of.grand mother that is her son and daughter or son and daughters of deceased son and daughters.

Further other then that remaining share can be relinquished by you to any legal heir through registered relinquishment deed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

4 Important Documents required to Claim an Asset after death

  • Death Certificate. The first thing in the list is Death Certificate. ...
  • Claim Application Form. Claim form is the form which needs to be filled by you at the time of making the claim. ...
  • Probate of WILL. ...
  • Succession Certificate.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer