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Abhinav Gulechha   28 January 2017

Case of intestate death - what should family members do

A dies intestate i.e. without a will. 

His family members are fighting over the assets. 

In this case, is below the right action to be taken:

  1. Get a letter of administration from the court specifying respective shares of family members?
  2. Then those family members who want cash can sign relinquishment deed in favour of other members
  3. Finally, a family arrangement can be drawn up evidencing the above facts

In this case, since immovable property is involved, the relinquishment deed need to be registered but not the family arrangement.

Is this the best way? Or any other better way possible?

Please guide. Thanks in anticipation.  

 

 



Learning

 2 Replies


(Guest)
Originally posted by : Abhinav Gulechha

A dies intestate i.e. without a will. 

His family members are fighting over the assets. 

In this case, is below the right action to be taken:


Get a letter of administration from the court specifying respective shares of family members?
 

Then those family members who want cash can sign relinquishment deed in favour of other members
Finally, a family arrangement can be drawn up evidencing the above facts


In this case, since immovable property is involved, the relinquishment deed need to be registered but not the family arrangement.

Is this the best way? Or any other better way possible?

Please guide. Thanks in anticipation.  

 

 

I assume that you ppl are Hindus.  Hence Hindu succession Act applies.  Each person gets equal share.  If anyone wants to give up their share and nobody questions it, then well and good, same to be reduced in writing with two witnesses each.  Approach court for the same and get orders.  Great Indian Family, dont fight would be my advice.

shrenik (lawyer)     22 February 2017

its very simple , take sucesion certificate . all legal heirs will get share as per sucesion act . 

now if any legal heir want cash then give cash and take noc certificate , their name will be removed from the property .


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