X an Unmarried Muslim lady passed away in 2006 leaving behind mother, two sisters and two brothers. She was allotted an HIG house by the Housing Board in 1993, which was registered in her name after making full payment. After her death in 2006 the two brothers and two sisters (based on the advice of an Advocate) got a Relinquishment deed registered in favour of their Mother relinquishing their share in the House in the concerned Sub Registrar Office as per their personal law. The Mother of X passed away in the year 2013. Now two brothers and a sister survive. Question: Can the survivors Two brothers and a sister (who relinquished their share in favour of their Mother) sell the house based on the Relinquishment Deed or they have to Obtain a Succession from the Court.
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They have relinquished their rights earlier in favor of their mother.
After that their mother became an absolute owner.
Now their mother died intestate hence the property will automatically devolve on her own legal heirs.
Therefore the legal heirs of their deceased mother should obtain a legal heirship certificate in order to succeed to the property as per their personal law.
The legal heirship certificate can be obtained from local Tehsildar office.
Dear Client,
The relinquishment deed made by the two brothers and two sisters in favour of their mother is valid and transfers their shares to the mother. Upon the mother’s death in 2013, the property would be inherited by her legal heirs. To sell the property, the surviving two brothers and one sister need to prove their legal ownership. It’s prudent to obtain a legal heir certificate to establish the current legal heirs of the mother. Once the legal heir certificate or succession certificate is obtained, the property should be mutated in the names of the legal heirs in the municipal or revenue records. Once they have this certificate and the property is mutated in their names, they can proceed with selling the property based on the relinquishment deed and other necessary documents. Should you require any further clarification, please do not hesitate to contact us.
On mother demise 2 sons and daughters are legal heirs
2) succession certificate is for movable debts and securities and not immovable property
3) obtain legal heir certificate from district court identifying legal heirs of deceased
4) if necessary obtain letters of administration from district court or HC having jurisdiction
- As the mother of X become the single owner of the property after getting relinquishment deed from her brothers and sisters.
- Hence, after the demise of mother , her property & assets would be devolved upon all her legal heirs equally , but the sisters right will be half of the sons share as per Muslim Law.
- However, the mothers share can be claimed by only her legal heirs and not class II legal heirs.
- A legal heirs certificate can be obtained from the office of the Tehsildar , and no succession certificate from Court is required.
A succession certificate is required only to claim movable asset of deceased ancestor like money in bank deposits, share certificates etc. or by legal heirs of government employee for claiming pensionary benefits. For immovable property, no such certificate is required. Basing on relinquishment deed surviving legal heirs can claim the property. You can also seek declaration as to ownership of property by filing a suit in Court.
Yes, in her life time, they had no title but after her death, they have inherited their mother property.
Sir, Which option is better, less time consuming and effective for getting a Legal Heir Certificate? 1. Filing a Suit for Declaration of Ownership in a court having jurisdiction. 2. Filing a Suit for obtaining a Legal Heir Certificate from District Court 3. Obtaining a family Members Certificate from the MRO Office.
Filing petition for obtaining legal heir certificate from district court would be less time consuming
Instead of all such options, you may submit an application to the local revenue department along with the copy of the death certificate and list of legal heirs with the copies of their identity cards and signature of everyone in the application requesting to issue a legal heirship certificate.
The Tehsildar will inquire about the details through Revenue inspector and the village administrative officer and furnish the desired certificate after confirming the details.
Filing a suit for declaration to declare the legal heirs is not advisable because it is time consuming and it may take years to get disposed
- Obtaining a family Members Certificate from the MRO Office option will take less time
Dear Client,
Obtaining a Family Members Certificate from the MRO Office is generally the most efficient and less time-consuming option, especially when there is no dispute regarding the heirs. This process is usually quicker, more straightforward, and involves less legal expense compared to court proceedings. However, if there are complexities or disputes, then pursuing a suit in the district court might be necessary. Should you require any further clarification, please do not hesitate to contact us.
LHC issued by Tehsildaar. no role of court.