Hi All, recently my father expired and he didn't have any will. what kind of documentation do I need to be recognized as his legal heir. I am a daughter of my father.
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Let me be clear. If I have to claim anything that belonged to my Father how do I claim. how do I know if other heirs are transacting without letting me know and involving my mother.
1. After the demise of your father his widow and all children have as his legal heirs succeeded to his properties.
2. You may, if you desire, apply for mutation of the properties. Your birth certificate and the death certificate of your father will have to be annexed.
I do not have a birth certificate. I have passport and 10th(SSC) mark list. Can I just approach and add my name to all properties that he own, or my brothers also have to do that mutation?
1) on your father demise your mother you and your siblings would be legal heir
2) you can obtain legal heir certificate from the court
3) if your father has left immovable properties obtain letters of administration from court
1) for mutation of property in name of the legal heirs you have to apply to the concerned authorities
2) enclose copy of legal heir certificate and death certificate
3) notice would be issued to all legal heirs
4) if no objection received property would be mutated in name of legal heirs
1. Your passport should suffice to prove your parentage.
2. On the basis of passport and SSC certificate you can apply for mutation.
3. If you wish to cull out your share in the properties of your father then you ought to file a lawsuit for partition.
Hi,
You all have to apply for Heirship certificate in the District Court where the said property is located. Individually no one can apply as the court will provide the Heirship Certificate to all the legal heirs including wife of the deceased. And for the court procedure only list of legal heirs , property of the deceased and death certificate of the deceased is required. Contact a local lawyer to prepare draft application for heirship certificate. It takes around 4-6 months time and stamp duty has to be paid as decided by the court.
You can apply for legal heirship certificate from the revenue department in which the names of all legal heirs of your deceased father will be endorsed.
After obtaining the legal heirship certificate, you may ascertain the details of all properties and file a suit for partition against all your brothers seeking a share in the intestate properties left behind by your father.
This partition suit will fetch you the desired reliefs.
Hi, you have to apply for succession certificate to claim that you are the only successor to your father.
1. You shall have to collect legal heir certificate from your local Municipal Counselor mentioning your name therein as your legal heir,
2. With the help of the said legal heir certificate, you can claim ownership of your father's property alongwith your mother and other legal heirs.
1.You are silent about other legal heirs. Are there other legal heirs also apart from your mother and you?
2. However, if there are many legal heirs, you can file partition suit claiming your share of all movable and immovable properties of your father.
1. First obtain the legal heir certificate as advised in my earlier post,
2. Apply for mutation duly attaching the copies of the death certificate of your father and the said legal heir certificate.