property distribution after father's death wothout will

Querist : Anonymous (Querist) 26 February 2018 This query is : Resolved
Hello, we are two brothers and two sisters, mother passed away in 1996 and father died last month due to heath conditions. One of my brothers is married. He gat married last year now has a month old son. His wife stayed only for two weeks in our house after marriage, she live with her own parents in Kanpur also work there in a bank. Right after second day of my father's death she threatened me and my sister to get us out of this house as we are daughters and we don't have rights on this house (earned by my father in Lucknow). So my brother told us that he will take his name off from this property so that his wife and his in laws don't create problems for us if anything happens to him (my brother and his wife both are bankers in government bank). The house is registered in my father's name. I need to know the procedure and how long will it take. Please advise me as we never faced such situation. Thank you

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Vijay Raj Mahajan (Expert) 26 February 2018
After the death of the father all the legal heirs as in this case will be all his children, 2 sons and 2 sisters. The legal heir certificate should be obtained by you from the district office/SDM office of the district wherein the name of all the four surviving heirs of your deceased father will be mentioned. The wife of your brother has no right to claim any share in the property of your father nor she can claim the share of your brother during his lifetime. The brother fearing trouble from his wife/in law can always make will in favour of anyone other than his wife and in laws to claim his share in the property. The mutation of name of legal heirs in the Municipal corporation record can be got done by using the legal heir certificate.

Kumar Doab (Expert) 27 February 2018
AQ so NO reply……………

Kumar Doab (Expert) 27 February 2018
Pls post with your ID and you can get many replies………Your ID does not mean your name or phone number or email Id and don’t post these…
Post your full query in one new thread with your ID…….

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