Debasis Mitra 26 February 2018
Kumar Doab (FIN) 26 February 2018
IT is believed that you are all Hindu.
If yes; Which school applies in said case; Dayabhaga, Mitakshara in Hindu Law ...?
The property is in which state?
What is nature of property say; agricultural land, urban, rural, Flat in Co-Op society?
Is there any valid nomination in property e.g; Flat in Co-Op society?
Who was owner/ title holder of property; Father, Mother or both?
Has owner left any valid WILL?
What is date/month/year of death of owner/title holder of property?
Confirm!
Kumar Doab (FIN) 26 February 2018
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Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record in such matters and……………….worth his/her salt..
Succession opens on date of death of owner/title holder of property/estate.
And share of legal heirs is as per provisions of personal law that applies!
Kumar Doab (FIN) 26 February 2018
In case of deceased Hindu woman tha nature and source of property matters and in she dies without disposing her estate/property in her life time by a valid/registered deed:
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of her death) sons, daughters…………
If property is acquired from husband side and 1st right is of her sons, daughters…………and if they are not available then legal heirs of husband
If property is acquired from parents side and 1st right is of her sons, daughters………… and if they are not available then legal heirs of father..
In case of Hindu male that died without leaving a valid WILL and disposing his self acquired estate/property in his life time: the 1st right is of ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters………….
The authority under whose jurisdiction property falls say;MC, has a set procedure for such matters if NO WILL has surfaced; ‘Intestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
Check locally and comply with procedure.
Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
Debasis Mitra 27 February 2018
Kumar Doab (FIN) 27 February 2018
You have not responded to all points.
Check with O/o Authority under whose jurisdiction said registered/mutated flat falls, as already explained.
SHIRISH PAWAR, 7738990900 (Advocate) 03 March 2018
You have to get legal heriship certificate from competant court. Thereafter you can effect mutation entries in local body. Please appoint local advocate and ask him to get legal heriship certificate.