Legal Heir

Siddhartha (Querist) 09 June 2011 This query is : Resolved
Hello, We are two brothers residing in Assam, India with our mother. My father died five years back without leaving any will to his property he acquired or the house he constructed. In the absence of any will can I be a legal heir in addition to my mother & brother and in what proportion the property would be shared? If my mother wants to transfer the property solely in her name, is it possible without informing me or my due authorisation? Even if the ownership has been transferred in her name, can i still be a legal heir to the property or she can transfer the property as per her will to whoever she likes? Pl help and clarify as to how I can approach to acquire my portion of property as per Indian Successsion Act and the steps to be taken thereby. Thank You.

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R.Ramachandran (Expert) 09 June 2011
I hope you are Hindus. Therefore Hindu Succession Act, 1956 will apply.
Since your father died without leaving any Will, the property left behind by him will go by way of inheritance by his legal heirs viz., his widow (your mother) and his sons and daughters.
Since according to you, there are only three legal heirs (your mother and you two brothers) the property will go to each one of you in 1/3rd share.
After obtaining legal heir certificate, you can get the property mutated in your names.
Without the consent of each other, one legal heir alone cannot have the property transferred in his/her name.
If any of the legal heirs give registered Relinquishment Deed relinquishing their interest in the property, in favour of any other legal heir, then the beneficiary can have the property mutated in his/her name. Thereafter the said property will become the absolute personal property of that person. Others cannot have any claim during the lift time of the said person.

However, if the said person dies without leaving any WILL, then the said property will again go by way of inheritance to the deceased person's legal heirs.

adv. rajeev ( rajoo ) (Expert) 09 June 2011
when there is no will or any other arrangements are made by your deceased father before his death, in such cases all the surviving members i.e., your mother , you and your sisters and brothers have got equal share in the property.