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KURIAKOSE P G   27 June 2015


Sir, My uncle, an unmarried christian,65, demised without any leagal succession deeds. His parents are not alive .Have 2 brothers and 2 sisters, but only one brother is existing. Who are the leagal heirs for his property?


 3 Replies

Roshini sahu   28 June 2015


Amol Kende (No)     28 June 2015

This case follwoed by the Christian family law here brothers and sisters are the right but they need to file petition in the court for legal heir declaration its duration might be 6-7 month procidure after that court will order for the legal heirs as per the law that after you need to file devidation petition in the local authorities (Tehesil) send the order to them and that after concern authorities will incert the legal heirs name on the property and they will devide the property in the legal heirs

Francis Anthony Pereira (Sr. council)     28 June 2015

Hi! Friend,

As per the Christain Law If your uncle had no immediate heirs for example Wife or childern, or he was not married or died issueless then the legal heirs will be his parents or siblings or their legal heirs. since in your case its just one brother alive assuming that the other brother and sister have no legal heirs,  then he ll(the one brother) have to file for Succession certificate and follow that procedure, in the District court. and after obtaining a Succession certificate he can sucessed to the property. Partition of the property if there are more than one heir has to be done through the civil court.  

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