• Inheritance no will

Under West Bengal law, (1) how do legal and natural heirs inherit mother’s property if she dies without a will and (2) what Government costs do the heirs have to pay?
Asked 2 months ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

7 Answers

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

 

2) enclose mother death certificate.

 

3) schedule of her property 

 

4) pay court fees 

 

5) it takes around 6 months 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

Dear sir/ma'am

 you can file for a succession certificate and issue a legal heir certificate for yourself from the court by submitting the relevant documents(death certificate, schedule of property etc)

Thank You

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

There are no two different terms called legal heirs and natural heirs.

The class one legal heirs  of the deceased are entitled  to an equal share in the property left behind by the deceased upon her intestate death.

The legal heirs should first obtain a legal heir ship certificate from the jurisdictional revenue department  containing the names of all the legal heirs/successors in interest to succeed to the estates of the deceased. 

After that, they may submit an application for transfer of revenue records to their names jointly on the basis of the legal heir ship certificate and the death certificate by attaching the certified copy of registration document of the property in question.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

1. After the death of mother intestate , her property would be devolved upon all the legal heirs equally, i.e. her husband if alive , children

2. Legal heirs can apply for mutation of the property in their name , however a legal heir certificate may be required.

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

Hi,  legal heirs will get the property by virtue of the succession.  There is no need to pay any tax to Government. 

Pradeep Bharathipura
Advocate, Bangalore
5135 Answers
282 Consultations

4.5 on 5.0

1. You are covered under Hindu Succession Act which is applicable all over India.

 

2. In case of demise of the owner of a property, intestate, his/her legal heirs will automatically inherit the said property in equal proportion.

 

3. If there are multiple nos. of legal heirs, the legal heirs certificate of the deceased person shall have to be obtained from the Ward Counselor of the local Municipal Corporation.

 

4. Thereafter the property can be mutually divided by the legal heirs, y metes and bonds,  by registering the partition Deed.

 

5. The Stamp Duty an registration fee for the  Registration of the partition deed will be between 7.6 o 8.6 depending on the circle rate of the property.

 

6. The lawyer's fee will be an additional amount of around 1% of the circle amount for drafting and registering the partition deed.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

She will receive equal share of her mother. Only the registration or other ancillary cost will be borne for transferring the same in her name. If you need any further assistance then you can approach me through LinkedIn.
https://www.linkedin.com/in/prashant-nayak-5477b138

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Ask a Lawyer

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