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gourav (SE)     12 March 2011

Friend aged 55 years died intestate leaving his 3 brothers

My unmarried friend aged 55 years died intestate leaving his three brothers only as legal heirs. They are Hindus. After amicable family settlement,  one of  brother age 65 who is also unmarried has agreed  to relinquish his share in all his deceased brother moveable and immovable  and will get  only  Rs. Five Lac in cash  out of total property. The total value of assets is more than 1.5 Crore.

My questions:

1. What is the simple way to move for required legal document for transfer of property?

2. Is succession certificate necessary, as there is no dispute but GDA Authority(UP) want Succession certificate for transfer of plot in favour of Legal heirs.

3. Is there any tax (Estate duty etc.) liability to discharge and if so how to do it



Learning

 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     12 March 2011

It is very easy process. File petition seeking succession of deceased brother impleading all 3 brothers as plaintiffs/petitioners and general public as respondent. Death certificate of deceased, title documents of property involved and its municipal record are required to be filed on court file and no tax liability is involved in such matter except municipal clearance and local tax to be levied in succession matters.


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