Karan (-) 06 September 2010

Succession question about deceased son

I had a query about hindu succession laws. My brother died in a car accident a decade ago. My grandfather died recently and it has come to be known that my grandfather had slated 10% of the house he owned in my deceased brothers name. Currently the family is looking to sell this property. Since my decesased brother was unmarried, with no children and had no will, who is his successor? He is surivived by his mother, his father, another brother and myself. I would like to think our mother is the successor but I am also hearing that its both the mother and father. Who is the successor? Just the mother, both the mother & father or the mother, father and both siblings? Furthermore, how does the rigthful successor obtain documentary proof (succession certificate?) of her/his/their status as successors?

Finally, is there any inheritance tax to be paid on what the successor shall receive from the proceeds from the sale of the property? If yes, how much and how is it calculated?

Looking forward to a correct and clear reply to this situation.

Kindly help.

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4 Replies

V. VASUDEVAN (LEGAL COUNSEL) 06 September 2010

Since your brother died unmarried, his parents are the only legal heirs. Since your grand father has left a will bequeathing his property, no separate succession certificate need to be obtained for your brother's share. While probating the will of the grand father, your parents can joiin to the proceedings as sucessors/heirs.

no inheritance tax is applicable.

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Karan (-) 06 September 2010

Dear Mr. Vasudevan. Firstly, I must thank you for your kind and quick response. I guess my information was not sufficient for a full response. My grandfather's died without a will too(intestate). It's the property deed that states, my brother as 10% owner. Furthermore, the balance 90% is equally shared 30% each by two of my father's siblings and one son of another sibling of my fathers (all surviving). So to execute this sale of property we would require signatures of 3 parties who own 90% and fourth party who owns 10% (which as you said are my father and mother). To validate that the persons (parents) signing for the 10% are legit successors, would we not require some documentary proof? Furthermore, to make matters more complicated, my parents have separated (though not legally) and my mother is pro-settlement and my father is not. Is there anyway that only one of the parents can sign for and settle this and then split the proceeds among them 50-50? Is there any other possible amicable solution?

Adesh Kumar Sharma (Senior Associate Lawyer) 08 September 2010

My dear friend,

To sale your portion of 30%, u need to file a suit for partition. Thereby all of three brothers of your father wud be given decree of their shares respectivly. and to sale 10% u need to take succession certificate, that may be in your mother's name or in ur name if your mother gives no objection before the court.

Thanks

harpreet singh (private practice) 08 September 2010

Mr karan ur mother is the only leal heir of ur deceased brother and owner of the 10 % share as per the law of inheritance....she does not require any succession certificate etc