• Transfer of property

My dad passed away and it was immediate that he could not write a will.we belong to Christian (Roman Catholic ).I want my dad's properties to be transferred to my mother's,brothers and mine name as we are his successor.when I approached tahsildars office for legal heirship certificate they say that my dad's mothers name should be included in it as she is alive.i want a clarification in the matter.i also want to know the procedure for transfer of properties.hope you could help me out.
Asked 6 months ago in Property Law from Thrissur, Kerala
Religion: Christian
He is right as the heirs of your father are his mother, widow and children. So unless your grandmother executes a NOC in favour of other relatives her name is also required to be added.
Ashish Davessar
Advocate, Jaipur
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Hello,
1) Your grandmother is also an equal stakeholder as your father died intestate and so the Tehsildar is right in demanding to include her in the legal heir certificate.

2) On the basis of the  legal heir certificate, the legal heirs have to approach the Authorities(Village officer) for mutation of the property in their name.

3) If the grandmother does not want to have the property be registered in her name she can execute a Relinquishment Deed in favour of the other three heirs.

4) Engage a lawyer locally to assist you with the procedures.
S J Mathew
Advocate, Mumbai
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65 Consultations
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1) yes father mother is also a legal heir to the property 

2) apply for mutation of property in the name  of the legal heirs namely your grandmother , mother yiu and your brother 
Ajay Sethi
Advocate, Mumbai
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the Christian Law of Succession is governed by the provisions in the Indian Succession Act, 1925.

S. 33, S. 33-A, S. 34 of the Act govern succession to the widow. Together they lay down that if the deceased has left behind both a widow and lineal descendants, she will get one-third share in his estate while the remaining two-thirds will go to the latter.

3) you are correct mother has no share in property wherein deceased has left widow and lineal descendants 



Ajay Sethi
Advocate, Mumbai
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The general law relating to the inheritance and succession can easily be referred to The Indian Succession Act, 1925.
Laws of succession applicable to Christians and Jews; for non-testamentary succession or  for the intestate the governing law is the Indian Succession Act, 1925 specifically under section 31 to 49 of the Act.
Thus as per the provision of the Indian Succession act, the wife and the children, i.e. The property of an intestate
devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules.
Therefore in this case the Tahsildar is not right in his argument that the mother of the deceased to be included as class I legal heirs as per Indian succession At, if he is not knowing the Succession Laws, he may refuse to issue the legal heirship certificate based on which a declaration to declare the legal heirs of the deceased can be filed before civil court to declare the legal heirs of the deceased as per the provisions of  Indian Succession Act , 1925   to succeed the intestate property.
T Kalaiselvan
Advocate, Vellore
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Thank you very much for your answers.i was advised by a lawyer that as per Christian succession act 1/3rd of properties goes to my mother and rest to me and my brother.i was also said that grand mother will not be treated as a legal heir.please clarify.

You have been rightly advised by the lawyer that your mother is entitled to 1/3rd share as a widow to the deceased in his intestate property.
The provision of law is given below for your information:
As per the Indian succession Act, 1925 section 33. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred. -Where the intestate has left a widow--
 (a) if he has also left any lineal descendants, one-third of  his property shall belong to his widow, and the remaining two-thirds shall go to his lineal  descendants, according to the rules hereinafter  contained;
 (b) 1*[save as provided by section 33A], if he has left no  lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong  to his widow, and the other half shall go to those who  are  kindred to him, in the order and according to the  rules ;
 (c) if he has left none who are of kindred to him, the whole  of his property shall belong to his widow.  
T Kalaiselvan
Advocate, Vellore
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The property of a Christian dying intestate devolves upon the wife or husband or upon those who are of the kindred of the deceased. If the deceased has left behind both a widow and lineal descendants, she will get one-third share in his estate while the remaining two-thirds will go to the latter. If no lineal descendants have been left but other kindred are alive, one-half of the estate passes to the widow and the rest to the kindred. The heirs to a Christian shall take his property as tenants-in-common and not as joint tenants.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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