Inheritance of property

RAJESH CHOPRA (Querist) 29 April 2019 This query is : Resolved
Dear Sir,

My father died in Jan 2019 and was a sole owner of a DDA Flat . During his last stage he had lost his memory as well. he did not write any will when he was alive.

He is survived by his wife ( my mother) and his 3 children ( myself - son and his 2 daughters)

Would like to know as per laws of inheritance who is the legal heir of that flat. Is it my mother alone or equal share for all 4 of us i.e my mother , myself and my 2 sisters.

What is the process of getting the flat transferred in the name of legal heir.

Thanks

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KISHAN DUTT KALASKAR (Expert) 30 April 2019
Dear Sir,
You all get equal share as per following provision of law.
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Section 8 of Hindu Schedule Act the wife is entitled as follows:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

Please mark “LIKE” if satisfied by my answer.

P. Venu (Expert) 30 April 2019
Yes, the mother and the children are the legal heirs.

kavksatyanarayana (Expert) 30 April 2019
Yes. agreed with the above experts.

Dr J C Vashista (Expert) 01 May 2019
All 4 of you will succeed.
Move to concerned Dy. Director, DDA, A Block, Vikas Sadan. INA, New Delhi for mutation as per procedure.