Property settlement
Tapas Mandal
(Querist) 27 April 2012
This query is : Resolved
Dear Sir,
My friend's grandfather died without making any will leaving his three sons. Now for a long period my friend(one of the sons) is residing in the house while the other two brothers have died who were for long got separate families and household. The property is still non-mutated. Now my friend is trying to get the property registered in his name, plus mutation. wife of one deceased brother of my friend is ready to waive her share through Deed/NOC. What is the procedure to be followed to execute the deed? Further if any legal heirs of the deceased brothers claim or object in future regards this property, is there any provision to check that?
ajay sethi
(Expert) 27 April 2012
the son should apply for succession certificate as his father died intestate .
the lady cna execute deed of relinquishment in favour of her brother in law .
contact a local lawyer
Devajyoti Barman
(Expert) 27 April 2012
Get deed of relinquishment executed in favour of the occupying brother.
If the property situates in WB then Succession Certificate can not be granted as it is meant for moveable assets only.
SAINATH DEVALLA
(Expert) 27 April 2012
Dear Mondal,
What about the children of the wife of the deceased brother? If she has children,then they are also successors to the property.Noc or relinquishment deed by her is not valid.No check mate business.All legal heirs will have a say in the property.Hence contact a competent lawyer,who is well versed in property matters.
Shonee Kapoor
(Expert) 27 April 2012
I endorse views of Ld. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 29 April 2012
A Succession Certificate can not be granted anywhere as it is meant for moveable assets only everywhere.
Mutation and relinquishment are the options to go with.
It seems answer to this part of query is escaped by experts"Further if any legal heirs of the deceased brothers claim or object in future regards this property, is there any provision to check that?"
In reply to this part I would like to add if other heirs or claimants are there then relinquishment is required from them too.OTHERWISE THERE IS NO WAY TO CHECK A PERSON CHOOSING TO ENFORCE HIS RIGHT.
