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Chinnappan (CEO)     05 July 2021

House property left intestate

My father owned an independent house and he died  25 years ago and the property is still in his name. His wife is paying all the property tax and renting the portions and collecting the rent. He left his wife and 3 sons and a daughter and all of them are now married and settled.  Now that they wanted to share the property among three sons. We obtained a legal heir certificate from the local Tahsildar where my mother and three sons are legal heirs. My sister married and settled and agreed to accept compensation by way of cash and execute a release deed in favor of 3 brothers.  Now that we wish to go for document the dividing the property among ourselves and transfer the same in the ratio of 50:25:25 pc. which will take effect only after our mother's demise. Until she lives, she can stay in the house with one son and collect all the rents and enjoy possession. 

What is the best option now for the children to get the property transferred in their names after their mother's demise. Which kind of documentation is advisable? The Property is in Chennai Tamilnadu


 1 Replies

srishti jain   02 August 2021

As per your query,

If your wish is only to ensure the assets owned by your mother pass on to the sons, only after death then, passing on the property through a will is advisable. Under the Indian Succession Act 1925, a Will is a legal declaration of the intention, of the testator concerning his property, which she desires to be carried, into effect after his death.

 It ensures a smooth succession of the assets after death. Moreover, any asset inherited under a will is exempt from income tax laws. Although registration of a will is not mandatory, it is always advisable to register the will, to minimise any litigation concerning the succession of your properties.

Your mother can stay in the house, collect all rents, and enjoy possession. The property, will be transferred after the death of your mother.

Hope it helps,



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