• Claim India Real Estate Property in the name of deceased US Citizen without a will

Hi,
We have property in Hyderabad, India registererd under my deceased huband's name. We are US citizens and there is no will. What will be the best process to claim this property? Do I need to take letters of administration from USA. We have 3 kids who are majors.

Best Regards,
Sarada
Asked 1 year ago in Property Law
Religion: Hindu

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11 Answers

On husband demise  spouse and 3 kids would be legal heirs 

 

2) you don’t need LA from US courts 

 

3) apply for LA in Hyderabad as property is in Hyderabad 

 

4) enclose husband death certificate and consent of other legal heirs 

 

 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

Letter of administration from Hyderabad 

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

Dear Querist

As your husband died intestate hence all of you are the legal heirs of deceased nd co-owner of the property of deceased person. There is no requirement for letter of administration from USA.

Apply for survival certificate and execute a settlement deed with your children and then apply for mutation proceedings. If you want to sell the property than based on that family settlement you may sell this property without any hurdle.

Feel free to call 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

As your deceased husband's property is located in Hyderabad, India, Indian law will govern the inheritance of the property. In general, in the absence of a will, Indian law provides for the property of a deceased person to be inherited by their legal heirs.

 

To claim the property, you will need to establish your status as a legal heir of your husband under Indian law. This may require obtaining a certificate of legal heirship from the Indian authorities, which will require providing documentation such as birth certificates, marriage certificates, and death certificates.

 

In addition, it may be necessary to obtain letters of administration or a similar court order from an Indian court in order to legally transfer the property to your name. It is advisable to consult with an Indian lawyer who has experience in inheritance and property matters to guide you through this process.

 

As you are US citizens, it may also be advisable to consult with a US attorney who has experience in international estate planning matters to ensure that your estate plan takes into account your overseas assets and the potential tax implications of inheriting foreign property.

 

Overall, the process of claiming the property in India may be complex, and it is important to seek legal advice from attorneys familiar with both Indian and US law to ensure that the process is carried out in a legally sound and efficient manner.

 

 

 

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

1. If a Hindu Male dies intestate (without executing a WILL), his self acquired property devolves equally to his mother (if alive), wife and children. 

2.  Based on your deceased husband's death certificate and the Legal Heirship Certificate/Family or Genealogical Tree documents approach the jurisdictional Corporation/Municipality and submit the documents for change of Patta/Khatha in all the legal heirs' name.

Shashidhar S. Sastry
Advocate, Bangalore
5112 Answers
314 Consultations

5.0 on 5.0

Yes, Get the Legal heirs certificate or LOA from Indian Embassy or Consulate and submit the copy here in the Indian sub register office for mutation records.

 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You have to obtain a legal heirship certificate to confirm the legal heirs of the deceased property owner from the local revenue department in Hyderabad, provided he is reported to have resided died in Hyderabad one year prior to his death.

If not then you may obtain a surviving family members certificate by furnishing the details of the family members of the deceased from the country  of his last residence. 

Based on the apostle copy of the certificate issued by any competent authority of that country, you can file a suit for declaration to declare the legal heirs of the deceased in India for the purpose of acquiring or inheriting the property left behind by the deceased in India. 

Once you get the court orders declaring the legal heirs, submit an application to the concerned revenue department,  you can attach the copy of the orders, copies of the  identity proofs of the legal heirs, death certificate of the deceased, a copy of the property registered document, a copy of the encumbrance certificate etc., as necessary documents to get the revenue records transferred in the name of the legal heirs of the deceased.

All the legal heirs have to sign the application.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

You need to mutate the property in GHMC records. Following is the procedure...

  1. Submit an application form to concerned Deputy Commissioner for mutation of property.
  2. Mutation fee is 0.1 per cent of market value of property.
  3. Submit death certificate of owner.
  4. Attested copies of property documents and link documents.
  5. Latest Encumbrance Certificate.
  6. Non-Judicial Stamp paper for Rs.20/- for each copy of document.
  7. Undertaking on Notarized Affidavit cum indemnity bond on Rs.50/- stamp paper.
  8. Up to date Tax Receipt.
  9. All procedure can be completed through GPA given to any relative/friend from abroad.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

As your husband died intestate, his estate automatically devolved on his surviving legal heirs - you and your 3 children - equally, if his mother had passed away earlier. You are all entitled to an undivided 25% share each. If you wish to keep the property, you need not do anything now. If you wish to sell it, you may do so either jointly or through one of you having a valid PoA from the other three. 

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

IF you are only child than you are sole owner and just take possession and apply for mutation. If more than one sibling than all have eqaul share.

IF their is no dispute than no need of letters of administration from court. Only Indian court have jurisdiction.

We have 3 kids who are majors - You have 3 kids ? They don't have any share in grand father property. 

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

Go to Indian concerned authorities ( depends upon the type of property) and simply get the mutation done in your name (you and 3kids) by showing death certificate 

Ravi Panwar
Advocate, New Delhi
116 Answers

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