legal heir

Querist : Anonymous (Querist) 18 October 2010 This query is : Resolved
hi all
my father died last year leaving a plot of land .its registered in his name..we did not register it in our names as we felt that is der no urgency as it belongs 2 us aneways..our family consists of mom.elder brother n myself..we got a legal heir certificate where we have been named as legal heirs(only 3 of us)..recently i have come to know that my grandma can also be considered as legal heir..she is not interested in property( ofcrs immaterial)..what should i do in dis case ??does she own a right in property??if she does wat abt d legal heir certificate??how to transfer d above property ?only 3 of us want 2 have total rights over d property..wat to do??if status quo is maintained n supposing if my granny dies(around 90)can her share be inherited??for registration of property in legal heir names wat costs r incurred?

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adv. rajeev ( rajoo ) (Expert) 19 October 2010
Your grand maa is also legal heir of your deceased father, she has got right in the properties of your father. If she is not interested and if she wants to transfer her share in the name 3 legal heirs, regd., rights relinquish deed is better to avoid the future conseqnuences, otherwise one of the legal heirs will have to file a suit for partition and seperate possession and get it compromised in the court, which is more better.

Kirti Kar Tripathi (Expert) 19 October 2010
a perfect advise.

Rajeev kulshreshtha (Expert) 19 October 2010
Yes. It is the best way.

Querist : Anonymous (Querist) 19 October 2010
thanks for d reply....can reliquinshment be done widout registering d property in legal heirs name??n abt d procedure for partition how long will it take if everything is alright from our side ?

Devajyoti Barman (Expert) 19 October 2010
Yes relinquishment can be done without registering their name. Partition suit is generally a long drawn process.