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Janmejaya Senapati (ASSOCIATE LAWYER)     28 March 2014

Hindu succession

Dear Experts,

My mother has succeeded the property of her father. She is dead now.we are three brothers and sisters. Our father is also dead. Can we succeeded the property? Can we sell the property now? Please , Guide me.

Regards.

Mantu.



 2 Replies

Kumar Doab (FIN)     28 March 2014

It is believed deceased was Hindu and has not left any WILL.

The Lady has acquired property from his Father, the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters.

All children of the deceased shall get equal share in the property.

The buyer may agree to buy and may ask all legal heir to get their name entered in mutation record (virasat ka intkal or as it is called in your local area)  and all legal heir to appear in person and sign in front of Registering authority: Sub Registrar

In such a case you may have to agree for a lower price.....................

 

 

 

or may ask to obtain legal heir/succession certificate……………………

 

A local lawyer dealing in revenue/property matter may be approached with all papers and records.

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     29 March 2014

Upon the intestate death of your mother and also since your father is no more, the property inherited by your mother, which becomes her own and exclusive property shall automatically devolve upon her class I legal heirs i.e., yourself and all your brothers and sisters.  You all can sell the property to a third person jointly and not individually or on a partition an individual can sell his/her own share separately.


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