legalities in the absence of a will

kruthika (Querist) 23 July 2008 This query is : Resolved
dear sir,
i want to know that in the absence of a will, what are the necessary steps to be taken for property transfer.
the deceased is survived by a wife and daughter.
i am more concerned with immovable property.

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anantha krishna n.v. Advocate (Expert) 23 July 2008
when there is no will, the deceased is said to have died intestate. Then the Hindu Succession Act ( for hindus) and Indian Succession Act ( for others) apply.
One needs to get succession certificate from the competent court and get the property mutated in their names.

anantha krishna n.v.( Advocate, AP High Court, 9246531895)

Srinivas.B.S.S.T (Expert) 24 July 2008
Well the reply of my friend is exhaustive. YOu have to apply for legal heir certificate and you also have to file SOP for the properties.

K.C.Suresh (Expert) 24 July 2008
Dear Kruthika, Mr. Anathakrishnana and Srini has given the opinion.

Guest (Expert) 24 July 2008
For immoveable properties

An application to the Municpality with Death certificate of the deceased and a declaration that your are the only heirs should be enough. The Municipality will verify and transfer to property into your jont name.

For moveable property like bank deposits, shares, and the like

you need a succession certificate from competent court of law.

Sarvesh Kumar Sharma Advocate (Expert) 24 July 2008
which type of property you want to transfer?is it moveable or immoveable? plz.without full detail it is very dificult to solve ur problem.

SANJAY DIXIT (Expert) 24 July 2008
Dear Kruthika,
It is my suggestion that always provide the facts in toto at the first instance. It would be easier for the hon expert members to give accurate and better opinion.