Vijay Shankar 17 May 2021

How can legal heir get property transferred in their name ?

A property without a will , on which X is residing since about 25 years. X is one legal heir on the property owner who died. Other 4 legal heirs of the property owner, verbally and validly know and were informed by the deceased father that they do not have any share in the property. Since then those legal heir never claimed any share in the property then seem to be interested. The heir X is living on the property with his family since 25 years.
1) Now how can X get transferred the property in his name for sake of loan or sale?
2) What instrument can X get or apply for in court ?
3) Is there any way application be made in court or the land authority to change property iwner name ?

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3 Replies

Sankaranarayanan (Advocate) 17 May 2021

state the facts . your query mostly seems by academic manner

Vijay Shankar 17 May 2021

Sir Fact are clearly stated in the detailed descripttion. What ectra facts are required kindly do let know will mention.

ganesh ns 17 May 2021

when a person does without writing Will or without conveying his right in the property to anybody as per Law the Property will legally and automatically devolve upon his legal heirs.
in your case at the time when X dies without Will the interest in the property devolves among his legal heirs (4 persons).
when you need to be the owner of the property, you need to get a release deed from the rest of the legal heirs, releasing the interest in the property to you. then get it registered and change the Government records in your name. then you will become a Sole and absolute owner of the property.
best of luck...

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