My friend's father died without making any will.
AYAN
(Querist) 15 October 2012
This query is : Resolved
one of my friend's father died without making any will. He wanted to know how the property of his father shall come in his name? He is only child of his father.
how his father's property will come into his name?
He is telling that he does not have any birth certificate.will it be any problem ?
Is here any succession certificate is need? How and from where he can get succession certificate? Is any documentary proof is needed to show that he is the son of his father? If so then which type of documents have to produce to get succession certificate?
He is telling that he doesn't have any birth certificate.
will it be any problem for that?
Anirudh
(Expert) 15 October 2012
The property in the given circumstances will go by way of inheritance to the legal heirs of the deceased. The legal heirs are the widow (i.e. mother of your friend) and your friend.
Your friend has to first apply to the Tehasildar of the area for grant of the legal heir certificate. He has to enclose the copy of the death certificate along with the Application.
Once he gets the Legal Heir certificate, then on that basis both his mother and he can get their names mutated (entered) in the Municipal Records.
Non-availability of Birth certificate will not be a problem for obtaining the Legal Heir Certificate.
malipeddi jaggarao
(Expert) 16 October 2012
Well advised by Mr.Anirudh. As regards movable properties like Bank Deposits, Insurance policies, shares etc., are concerned, both the legal heirs have to approach the concerned institutions advising the death of the holder enclosing the death certificate and legal heir certificate obtained from the Tehsildar seeking further formalities for transfer of instruments in their name. The concerned institutions will send the required papers for complete the formalities.
