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UDAYRAJSJS (Other)     12 September 2017

Inheritance property

Grandfather died 26 years ago with no will and paper. Now i want to sell the property. I know and am prepared that it is a long process.

Can you please suggest what should be my next steps. My father had 5 siblings 2 have died. Please let me know the next steps i need to do to get legal ownership?

 

Regards

 



Learning

 11 Replies

UDAYRAJSJS (Other)     12 September 2017

Thanks for your advice!

Kumar Doab (FIN)     12 September 2017

It is believed that you are all Hindu.

Confirm!

 

Kumar Doab (FIN)     12 September 2017

The estate/property is self acquired or ancestral, rural,urban, agriculural land and in which state?

Kumar Doab (FIN)     12 September 2017

In case succession of property of Hindu Male: 1st right is of ClassI legal heirs ie. Mother (if alive as on date of death), Wife (if alive as on date of death), sons and daughters (predeceased and alive as on date of death)……….  

Central Government Act

The Hindu Succession Act, 1956;8,9,10

https://indiankanoon.org/doc/685111/

 

The nature of property that devolves by inheritance is : self acquired.

 

Kumar Doab (FIN)     12 September 2017

Is your father alive if yes, he can act in the matter.

The procedure, process, forms for such simple matters of inheritance ; 'Intestate Succession' are available in O/o Authority under whose jurisdiction property falls say;MC, and even on website.

Death certificate, legal heir certificate is basic requirement.

Check with concerned official say; Patwaari.

 

Obtain updated mutation records subsequent to which legal heirs attain rights equal to that of owner.

 

 

 

UDAYRAJSJS (Other)     12 September 2017

Originally posted by : UDAYRAJSJS
Grandfather died 26 years ago with no will and paper. Now i want to sell the property. I know and am prepared that it is a long process.

Can you please suggest what should be my next steps. My father had 5 siblings 2 have died. Please let me know the next steps i need to do to get legal ownership?

 

Regards

 

Father is alive but other siblings are not in talking terms and obtaining NOC from them will be next to impossible.

Wife and mother are dead. 5 siblings were there 2 have died. No one has claimed the property yet. No legal dispute.

We have possesion of the property for more than 30 years and electricity and tax are on my fathers name.

Religion - Hindu State- Delhi

 

Kumar Doab (FIN)     12 September 2017

NOC is not required, since NO valid WILL is left by deceased owner, as per your post.

Since your father seems to be alive.

He can act as legal heir. 

 

 

Kumar Doab (FIN)     12 September 2017

Same Query:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=153883&offset=0

Kumar Doab (FIN)     12 September 2017

Obtain mutation records with all link docs from O/O Authority.

UDAYRAJSJS (Other)     13 September 2017

Thanks a lot for your priceless advice! o/o authority will be the authority which issues the original papers?

UDAYRAJSJS (Other)     13 September 2017

Originally posted by : Ramesh Singh
G-Father died 26 yrs. Ago,
Out of 5 legal heirs 2 are deceased & out of 3 heirs 1 is enjoying property last 30 yrs.
So neither you nor your father have rights to sale the property without prior mutation, electricity/tax have nothing to concern.

Thank you Mr Ramesh and Mr Kumar

For mutation we will need original papers which are missing as I mentioned. What is the process for that

1. Get legal Heir certificate from SDM or district court

2. Apply for original paper with municipal corporation/sdm office

3. Apply for mutation of property papers to my father name with the help of legal heir certificate?

is there any other step needed from my side.

Can you please provide your delhi contact details?

 


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