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change the name in 7/12 extract

(Querist) 08 January 2010 This query is : Resolved 
My father died without making any will.There is land on his name at kalyan but we stay at thane.what is the procedure to change the name of my father from 7/12 extract.whos names will come on 7/12 extract.We are 3-brothers elder brother died last year having his wife[secondly married] and only daughter.My mother also stay with us at thane.please advise.
adv. rajeev ( rajoo ) (Expert) 08 January 2010
Each i.e., your mother, 2 brothers one daughter and you will get 1/5th share. The daughter of the deceased will get her share in the share of deceased brother. If the first wife of your deceased brother is alive then she also gets her equal share in the deceased brother's share. IInd wife is not entittle for any share.
Adv Archana Deshmukh (Expert) 08 January 2010
You'll have to submit the death certificate of your father and your brother along with an application and affidavit to get the mutation entry to that effect and bring the names of the legal heirs of your father on the 7/12 extract. The names of you, along with your 2 brothers and mother will appear as heirs of your father and the name of your brother's wife and his daughter shall appear as his heirs and they shall take his 1/4th share. All the 3 brothers and mother shall take 1/4 share each.
joyce (Expert) 08 January 2010
sufficient advice as to the query is all ready put forth by above advts so i endorse the same to avoid repetition.each gets 1/4 th share not 1/5th.
niranjan (Expert) 08 January 2010
VF VII-XII shows the name of owner in the above portion and in the lower portion the name of a person who cultivates the land. So first names of heirs are tobe got entered in the VF VIi.e. Rec ord of Right and then it will reflect in VF VII-XII;
S. Bharath (Expert) 08 January 2010
Sandip is right, it is 1/5th, if we go by the query.
S. Bharath (Expert) 08 January 2010
Err..correction: I meant Rajeev, not Sandip.
sandip c (Querist) 09 January 2010
Thanks once again to all the lawyers for quick and useful reply.

SANDIP C.
aman kumar (Expert) 11 January 2010
joyce is right !each gets 1/4 th share not 1/5th.


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