Inheritence of property

Chintan Shah (Querist) 10 March 2010 This query is : Resolved
Dear collegues,

Mr. X's mother has some land and a flat to her name. There are also some loans and advances that she has given to her relatives. X's mother dies. X has a sister who is married. X's mother doesnot have a will. In this case who will inherit the property and in what share? What is the procedure to be followed for the same? Will the court appoint administrator or executor for the property of X's mother? Or can X himself become the executor?

The second question is a modification to the above:

If X is the only heir, is it necessary to get an order of the court to inherit the property or is it automatically inherited?

I am completely new to the field so please donot mind my doubts... And please do explain in detail..

Thanks in advance,

Chintan

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Raj Kumar Makkad (Expert) 10 March 2010
Chintan! In the given situation no. 1, both (brother and sister) shall become owners to the extent of 1/2 each and no executor or court proceeding is liable to be initiated. After obtaining death certificate of X's mother along-with an affidavit of both confirming that no other than them is the legal heir of deceased file the same with the relevant authorities may it be revenue or municipal authorities and their names shall get entered in the record replacing their mother.

In the event of situation no. 2 also no any court order is required and he is the absolute owner of the entire properties and borrowings of his mother.

Adv ramesh chheda (Expert) 10 March 2010
in absence of will property is to be divided as per indian succession act or hindu succession act .
even if there is only one child even then needs to obtain succession certificate or letter of administration to establish the claim of such heir

Chintan Shah (Querist) 10 March 2010
Dear Ramesh Sir,

Which authority issues succession certificate / Letter of Administration? What is the procedure for the same?

Regards

Chintan