Dear Sir, My name is Faisal Qureshi and i am a resident of U.K, my father passed away in U.K without a will, he has a property in Bhopal, M.P which was solely on his name, it is my understanding that the property will be distributed equally to his legal heir which means among 4 of us, myself, my mother, my brother and my sister, all of us does not hold Indian Citizenship and live in U.K, now i am planning to come to Bhopal in February 2023 for 3-4 days to transfer the property papers on our name so that we can sell it and give all the money to our mother, i want to know 1) What would be the procedure ? 2) How long will it take ? is 3-4 days sufficient ? 3) What documents do i need to bring with me ? Look forward for a reply, thanks.
Legal heirship of the deceased is to be obtained from the place where the deceased lived for more than a year prior to his death.
After that all the successors have to submit a joint application before concerned revenue department to transfer the revenue records to the names of the successors from the name of the deceased owner.
All these things will take a lot of time to get the tasks completed.
1) on father demise your mother ,you ,your brother and sister are legal heirs
2) apply for mutation of property in name of legal heirs
3) enclose death certificate of deceased father
4) legal heir certificate
5) 3/4 days is not sufficient
If you want to sell it you can sell the same without transfer to your name and get money.. For better title you can also get letter of administration from court and sell the same
Muslim law of inheritance is quite different from Hindu law of inheritance. Distribution of property among male and female is not in equal proportions. Share of a male heir is double then the female heir. But as your intention is to sell of the property, there is no need to seek distribution of property among legal hire. All legal highers can give NOCs for mutation of property in favour of legal higher in India. This can be done through GPA executed by citizens of U. S. in favour of such legal higher. After mutation of properties such heir can sell the property with no objection certificate by other legal highers again through GPA executed in USA in favour of such legal heir. Both the GPAs should be attested by Indian Embassy in USA. The whole process will take about 2 months.
1. the devolution will not be equal since the deceased is a Muslim
2. as per the Muslim Personal Law, the widow takes 12.5% when there are children
3. the balance will go to the children such that the son takes double share as that of the daughter
4. so each son will take 29.16% whereas the daughter takes 14.6%
5. if the children wish to transfer their shares to the mother then they can register a release deed in her favour
6. the entire procedure can be done through a POA
Dear client I am sorry to hear that but in this case you have to file for a partition Suit against the property. there is no fix date for such procedure somwtimes take more than a year sometimes. You can file a petition suit with the help of an advocate and proceed with it. Moreover you can also assign a general power of attorney for this case.
- As per Muslim law, after the demise of your father intestate , his property would be devolved upon all his legal heirs
- Further, there is no distinction between the right of men and women; each has right over the said property.
- However, a female will get half of the male share.
- Further, out of 100% share, share of mother will be 12.5%. and the remaining 87.5% will be distributed between sons and daughters. .
1. Since, the property claimants are your brother , sister and mother , then you can take POA from them in your favor for selling the property
- The said POA should be notarized as per rule of UK and attested from the consulate of India.
2. May be possible , if you engage a lawyer for the said work done.
3. POA, documentary proofs of all the legal heirs including death certificate of father.
