Releqishment of legal heir

Whether your mother is alive?

First you have to obtain a legal heir certificate from the Tehasildar of the area in which your father used to reside.

After making enquiries/verification, the Tehasildar will grant you the Legal Heir Certificate.

With the support of the Legal Heir Certificate, your brother has to execute a Registered Relinquishment Deed giving up/relinquishing his right, title, interest and share in the property (give full descripttion of the property) in your favour.  Once this Relinquishment Deed is Registered in the office of the Sub-Registrar, with Two Witnesses, your title to the property will become absolute and your brother will not be able to claim anything in future, UNLESS the Relinquishment Deed is obtained by fraud, coercion, undue influence, pressure etc.

The Stamp duty and Registration Fee for Relinquishment Deed will be very very nominal.

The Legal Heir certificate will take nearly 3-4 months.

The Relinquishment Deed should not take more than one week from the date of submission of the same before the Sub-Registrar's office.

Which personal law applies in this case or are you all Hindu?

The said property is self acquired in the hands of your father or ancestral?

Was your father’s mother alive as on date of death of your father?

Was your mother alive as on date of death of your father? 

Do you have any sisters?

The proeprty si what; land/rural/urban/building?

confirm!

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.

Thereafter obtain copy of updated mutation records. By updating in mutation records the legal heirs attain rights equal to that of owner by succession/inheritance

Legal heir/Family certificate whatever it is termed in your location is usually issued by O/o Tehsildar…

Check locally….

It may be online and may take as per time displayed in office say 30days…

Your brother can dispose his share in your favor by relinquishment/relese/transfer/sale/gift deed etc and you may chose any deed that is suitable to you..

Or Registered family settlement deed can very well serve your purpose. The common areas, amenities, passage can be narrated in it. Who is keeping original documents pertaining to property may also be narrated in IT and original shall be produced as and when required and others may keep certified copies/authenticated copies by RTI route … It is simple process and any one facing similar situation can follow IT