Property Transfer
MOHIT GOYAL
(Querist) 06 December 2010
This query is : Resolved
Hi,
My Brother has a flat in Gurgaon. He died without making any nominations or will for the property he owened.
He was unmarried. In this circumstances my Mother should be legal hier of the property.
What is the procedure to transfer the title to my Mother's name.
regards,
Mohit
R.Ramachandran
(Expert) 06 December 2010
If your brother was unmarried and died without leaving any WILL then his property would go to his class-II leagl heirs who are:
I. Father
II.Brother(s) / Sister(s)
His mother is not a legal heir.
First you have to ascertain that whether all other legal heirs are ready to transfer their share in the property in your mother's name.
A V Vishal
(Expert) 06 December 2010
I donot concur with Mr R.R, Mother is a class I heir and holds preference over all the other heirs. Refer S.9. Order of succession among heirs in the Schedule under the Hindu succession Act.- Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs, those in the first entry in class II shall be preferred to those in the second entry, those in the second entry shall be preferred to those in the third entry, and so on in succession.
Since the mother is alive she excludes all other heirs including the father of the deceased who is a Class II heir.
R.Ramachandran
(Expert) 06 December 2010
Yes. Mr. Vishal is right. Mother is a Class-I heir. I made a mistake. I stand corrected.
Kirti Kar Tripathi
(Expert) 07 December 2010
yes, Vishal is perfectly right. Mother is only legal heir of her deceased son. Class-II legal heirs have no right till mother is alive.
