Civil Procedure Code (CPC)

Inheritance of property


My father & mother have passed away without any will.
There are three heirs, two sons & one daughter.
How do we claim ownership - through succession certificate or heirship certificate
Thanks.
 
Reply   
 

You. Have to obtain heirship certificate from competent court.

 
Reply   
 


Legal consultant

pl consult your local advocate in association with your real brothers and sisters to file a civil suit before a court of law for declaration of legal heirs. For that you have to file death certificates of your parents, birth certificates of you all or any other legally authorised document to show that you are the children of your deceased parents.

With the decree/order of the court,  you people can reasonably partition the joint property amongst you all and can approach the concerned sub registrar office to get a settlement/partition deed registered in your favours, which will be your title deed document thereafter.

 
Reply   
 

Thank You very much for your reply. I appreciate it very much for your help and kindness for taking the time to do so.

 
Reply   
 
Advocate

In my understanding, on the death of the parents, the property is jointly vested with you (and the grandmothers, if alive). You may approach the local revenue/municipal/panchayat authority for carrying out the mutations on the strength of the death certificates. Of course, the better option is to carry out the partition, execute the deed and subsequently carry out the mutation. 

If the siblings can thus amicably execute the partition, a suit for partition is unnecessary.

 
Reply   
 
Retired employee.

In presence of friends and relatives get a family settlement deed, dividing the property in equal shares, metes and bounds and get it registered or indexed and get mutation on the basis of a registered deed.

 
Reply   
 
Student

Hello!  

If Hindu males and females die without a will, the property belonging to them is governed under Hindu Succession Act, 1956. Whatever property was held by the male is distributed among Class I heirs, Class II heirs, agnates, and cognates in the same priority order. Section 10 of the Act gives the list of Class I heirs which include:  

  1. Mother,  

  1. Widow,  

  1. Daughter,  

  1. Son,  

  1. Widow of a predeceased son,  

  1. Son of a predeceased son, and so on.  

After the 2005 amendment in the Act, the daughters were also added as the legal heirs and they had equal rights on the property as any other Class I heir. Therefore, in your case, the property of the father will be equally divided among his children as they are the legal heirs and they need to apply for an heirship certificate from the court.  

In the case of a Hindu female dying intestate, the property first goes to her husband and children, and if they are not alive, then to the legal heirs of the husband. But in your case, your mother's property will also be distributed equally among the three children and for this also you will have to apply for an heirship certificate at the court.  

Regards  

Vasundhara Singh 

 
Reply   
 
Lawyer

Already replied at https://www.lawyersclubindia.com/forum/inheritance-of-property-218221.asp

Consult a local prudent lawyer if you are not satisfied with obligation of experts.

 
Reply   
 
Advocate

You have repeated this question earlier also, it is not known that why are you so much anxious to repeat the same question in different threads. 

Anyway please be aware that you can obtain a legal heirship certificate form the revenue department and then apply for transfer of revenue records to all your names jointly and then can enjoy the property jointly.

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x