Property registration/mutation, 3 legal class 1 heirs
Querist :
Anonymous
(Querist) 07 May 2025
This query is : Resolved
Dear sir
Good day to you all.
My father in law and mother in law both have expired leaving behind a regd. WILL. Their property is in Noida (a small bunglow.) Actually father in law expired earlier during COVID and as per REGD WILL, lease hold property was supposed to be transferred in mother in law name. That procedure was pending and going on but it the meantime mother in law also expired.
Now property is to be registered/mutated in the name of three class 1 heirs as per REGD WILL (two brothers settled abroad and my wife who is in India).
My question is whether succession cert or surviving member cert is required to proceed further. Since two brothers are settled abroad what is best way to inherit property in three class 1 legal heir names thru Noida authority and Local Govt. Regd Samiti (thru whom the plot was allotted in father in law name) There is no legal dispute among three class 1 heirs.
The original plot allocation share cert was submitted to Local regd. samiti and in turn they issued NOC for transferring the plot in mother in law name, which was then submitted to Noida authority and was pending but in meantime the mother in law also expired.
Can we rebuild the house making three floors for three legal heirs.
Thanks and best regards
kavksatyanarayana
(Expert) 07 May 2025
Obtain a family member certificate from the revenue authority concerned, and after receipt of the family member certificate, you can apply to the Noida authority for mutation of their names.
T. Kalaiselvan, Advocate
(Expert) 07 May 2025
You may obtain a legal heirship certificate from the concerned revenue department/tehsildar, after which all the three legal heirs have to apply for transfer of records on all the three names jointly before the revenue department, then you all can draw a formal partition deed partitioning the three floors among yourselves, get it registered, which will establish your title to the property individually .
Querist :
Anonymous
(Querist) 08 May 2025
thanks sirs, i will look for someone in noida to be helpful in getting legal heir cert,
T. Kalaiselvan, Advocate
(Expert) 08 May 2025
You can look for an advocate hailing from NOIDA from this forum and contact them for all your further issues on the terms of chosen advocate
P. Venu
(Expert) 08 May 2025
The property has already devolved upon you. Based on the Will you may get the mutation completed. Succession/Legal heirship Certificate are of no application, in the given facts.
