• Legal heir

My sister has expired leaving behind her husband and minor daughter
please advice on what is procedure for transfer of property to all parties ( one share being mine, second being - my mothers and last share being my sisters) . 
To be in records as Co owners ...

property still is in my fathers name and was delayed due to COVID.
Asked 1 year ago in Property Law
Religion: Hindu

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9 Answers

1. Assuming that your father died intestate (without executing WILL), then your deceased father's property devolves equally to your mother, you and your deceased sister's minor sister.

2.  Based on your deceased father's and your deceased sister's death certificates, legal heirship certificate/Family/Genealogical Tree, property documents, Patta, etc., of the property, apply to the jurisdictional Corporation/Municipality/Revenue Office for transferring/mutating your deceased father's property in your mother, you and your deceased sister's minor daughter's name.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

On father demise intestate apply for mutation of property in name of legal heirs 

 

enclose father death certificate ,latest receipt of payment of property taxes 

 

3) since father died intestate apply for and obtain letters of administration from district court 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7532 Consultations

5.0 on 5.0

If your sister is entitled to a share in your father's property then upon her death her own class I legal heirs namely her husband and minor daughter shall be entitled to her share in the property.

In the mutation application their names as legal heirs of the deceased heir has to be included so that their names appear in the revenue records of the property.

 

T Kalaiselvan
Advocate, Vellore
84923 Answers
2195 Consultations

5.0 on 5.0

Your deceased sister is entitled to a share out of your deceased father's property who shall devolve on her own class I legal heirs consisting her husband and her minor child(ren)

T Kalaiselvan
Advocate, Vellore
84923 Answers
2195 Consultations

5.0 on 5.0

Dear client I'm sorry to hear that what in this case of your sister is eligible for the property

Anik Miu
Advocate, Bangalore
8879 Answers
110 Consultations

4.7 on 5.0

- As per law, after the demise of your father without leaving any Will etc., his property would be devolved upon all his legal heirs equally i.e. your sister, mother and you will get 1/3rd share in the property. 

- Further, as your sister is expired then her 1/3rd share can be claimed by her legal heirs equally i.e. her husband and minor daughter. 

- You can apply for mutation of the property in the name of all legal heirs after submitting the death certificates of father and sister and other documentary proofs. 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

Hi,

Since your father died intestate (i.e without making any WILL) you need to apply for Letter of Administration in High Court.

After getting the Letter of Administration, please apply for mutation of property.

For better understanding you may consult any lawyer from your state

Regards,

Zafreen Khan
Advocate, Greater Mumbai
54 Answers

5.0 on 5.0

family partition deed or settlement deed will do in this case

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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