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JAYASIMHA   14 November 2017

Ancestoral immovable property

My grand father's property has been divided among his four sons by a court in 2006 equally.Now,all the sons of my grand father have expired leaving in total 08 claimnts for the property. Is final decree from the court required to transfer the shares in the property equitably amongst the 08 claimants.Thanks.


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 4 Replies

Kumar Doab (FIN)     16 November 2017

As per decree of court the 4 sons became owner of the share as per decree b court and nature of property is ought to be self acquired….

The legal heirs of the deceased owners can stake their claims……in accordance with personal law that applies in this case..

 

Kumar Doab (FIN)     16 November 2017

It is believed that all involved are Hindu.

Confirm!

 

Kumar Doab (FIN)     16 November 2017

In case of Hindu man; The 1st right is of ClassI legal heirs i.e. Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………..

While; In case of Hindu Female the nature and source of property matters.

In case of Hindu Female: the husband (if alive as on date of death), sons, daughters have 1st and equal right in self acquired/absolute property….

 

Kumar Doab (FIN)     16 November 2017

If 4 deceased owners have not disposed their properties obtained by decree of court or other means in their life time and have not left any valid WILL then it might be simple case of inheritance in accordance with personal law that applies in this case……i.e. Intestate Succession.

 

The authority under whose jurisdiction property falls e.g; MC has the forms/procedure forms such matters in its office and even on website……………

The death certificate, legal heir certificate (affidavit per local procedure/precedence’s) is basic requirements…………and decree of court may also be required, if it was not submitted by 4 deceased owners for updating the mutations records….

 

 

The legal heirs may get in touch with concerned office of applicable authority and official e.g; Patwaari and complete the procedure and formalities……….and obtain updated mutation records showing share of each legal heir….


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