You need to get legal heirs certificate on all siblings name and their children and spouse as per Indian succession act class I & class II list.
Transfer of property from unmarried brother in law
1. My husband who is no more has 3 brothers(all deceased - 2 married, 2 unmarried) And 5 sisters. The eldest brother who is unmarried had a hold on all the property. But in the year 2000 all the siblings signed a partition deed stating the ancestral house belongs to the 5 sisters and the sisters have no rights on the male members property which they have earned by their own skills. Since all the brothers have now passed away who does the property go to? Since the property was in the eldest brothers name (earned by accumulating the income from all brothers) Does it go to the children of the married brothers or do we divide it to all the sisters as well? 2. How do we proceed with this? Should we get a family tree with including all the siblings or should we get a legal heir certificate including only the children of the married brothers? 3. What is the procedure for legal heir certificate? 4. My younger brother in-law owns lands which again earned from all brothers income,will my only daughter also has share in it.? 5. My eldest brother in law has lent huge amounts of money to people, who get a share in that? 6. Also how do we get a hold on his back accounts?
Asked 3 years ago in Property Law
Religion: Hindu
6 Answers
on demise of un married brother property would devolve only on his surviving siblings
2) you have to approach court for issue of legal heir certificate
3) you have to file suit claiming share in property standing in name of brothers and prove that it was bought in brother name for benefit of joint family
4) you can issue legal notice to brother in law to furnish details of bank accounts
1. The property that was in the name of the eldest brother will be distributed according to the partition deed among the 5 sisters. If the elder brother had left behind any children, then they would also be entitled to a share in the property.
2. In order to proceed with the distribution of the property, you should obtain a family tree with all the siblings, including their children (if any). You should also obtain a legal heir certificate from the concerned authority, including the names of the children of the married brothers.
3. The procedure for obtaining a legal heir certificate varies from state to state, you may need to approach the District Collector's office and submit the required documents.
4. Your only daughter would not have any share in the lands owned by your younger brother-in-law, as those lands were earned by him by his own skills.
5. The money that was lent to people by your eldest brother in law would be distributed among his legal heirs in accordance with the Indian Succession Act, 1925.
1. If the property is still lying on the name of the deceased brother, then it will devolve in his legal heirs/successors in interest.
If there's no class I legal available then it will fall on the class two legal heirs in the order of succession.
2. You have to obtain a certificate from court declaring the successors in interest on the basis of a petition filed before it.
The tehsildar may refuse to furnish legal heirship certificate in respect of class II legal heirs.
3. Read the above.
4. It depends on the heirs declared by the court.
5. The declared legal heirs have to initiate legal action for recovery.
Actually we it should go to brother who has self occupied it but the funds are of other siblings it will go to all the children of that siblings
Legal heir certificate needs to be applied from court depending on civil court or HC as per jurisdiction
Through legal heir certificate you can distribute movable property including bank account
Dear client,
I'm sorry for your loss. To answer your questions:
The property distribution will depend on whether the property was self-acquired by the eldest brother or it was ancestral property. If the property was ancestral, then all siblings would have had a share in it, and their legal heirs would inherit the property. If it was self-acquired by the eldest brother, then it will go to his legal heirs, which could be his siblings' children or his own children.
It would be helpful to get a family tree with all the siblings and their legal heirs to determine the rightful legal heirs to the property. It would also be a good idea to consult with a lawyer who can guide you through the legal process.
The procedure for obtaining a legal heir certificate varies depending on the state in India. Generally, you will need to submit an application along with relevant documents such as death certificates, proof of relationship, and other supporting documents. It is best to consult a lawyer who can assist you in the process.
If the lands were self-acquired by your brother in law, then your daughter may not have a share in it. However, if the lands were ancestral, then all legal heirs of the deceased siblings would have a share in it.
If the eldest brother in law lent money to people, the money would be considered a part of his estate and would be distributed according to his will or in the absence of a will, as per the legal heir's entitlement.
To get a hold of your brother in law's bank accounts, you would need to obtain a succession certificate or a legal heir certificate from the court. The process for obtaining these certificates can be complex, so it is best to consult a lawyer who can guide you through the process.
