Transfer of property without will
My parents expired in 2013 without executing any will. My fathers flat in Chinchwad, Pune was in solely in his name. All grandparents are also no more. We were four siblings, however, one of my brothers has expired and presently we are two brothers, one sister, and one sister-in-law (of my deceased brother). We have been trying to get the house ownership transferred to us to enable us to sell the property so that we may divide the proceeds among all four of us equitably. However, despite three years having passed by, we are still unable to do so. We had hired two lawyers to do the needful, but now I am worried if our current lawyer since past two and half years is competent / giving us correct advise. Hence I wish for a second opinion if possible. Details of the case are as under :-
Father had made all four children nominees prior to his death (mother had expired before him). Based on nomination, the society had given us share certificate with all four names on it.
Our first lawyer had provided us a Vasiyat Nama in all four names.He however charged us way too much and took too much time to do the same.
We changed lawyers and 2nd lawyer advised that we need to make a heirship certificate preferably in one persons name, since all four of us live in different cities (and none in Pune).
Balance three persons submitted an affidavit and whatever paper work was required giving up their rights to the property in my name.
In 2014, our lawyer applied for heirship certificate in my name in the local court, for which I was present.
Four one and half years he kept telling us that the court will give a date, when I will need to appear.
In August this year (2016), we were given a date of 14 Aug. I went to the court, was asked to sign some papers in front of a clerk and was told the court order would be given within a fortnight.
Now in October, the lawyer says that the court has asked for fresh documents from the balance three persons giving up their property rights again in my name.
Thereafter again the court will give a date for which I have to appear and then will get the heirship certificate, for which we have to pay some stamp duty charges of approx Rs [deleted].
After that we are to go to the local municipal corporation for changing of ownership (is that called mutation?)
Thereafter have the water, electricity etc billing changed in my name.
My queries are :-
1. Have we been taken for a ride or is this the correct procedure.
2. I am apprehensive that we are now going into another cycle of one to two years.
3. Is there any means of speeding up this process from whichever stage it is in now.
Thanking you in anticipation.
Asked 7 years ago in Property Law
Religion: Christian