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shaik abdul (tl)     12 December 2012

Legal heirs

Hi first of all thanks in advance for answering my query, here is the current dead and living persons details

Muslim family details.
1. Elder brother expired in 2007 leaving behind wife (reached 38 years in 2012) and son (8yrs as on 2012) & daughter (11 yrs as on 2012).
2. Younger brother expired in 2012 leaving behind wife ( reached 37yrs in 2012) and son ( 16yrs as on 2012)  daughter (15yrs as on 2012).
3.Deceased father age 70 yrs is alive.
4.Deceased has 2 married sisters.

Property details:
1. Residential independent house ground floor & 1st floor is in the name of 2 deceased brothers. which is currently occupied as 1st floor occupied by 1st brother's family ( wife and children). Ground floor is occupied by 2nd brother's family ( wife and children) and father also staying in ground floor.

Commercial property.
1 shop ( retail business) purchased from distant relative( third party) by paying full payment and documented on the bond papers but sale deed & registration was not done.

Both the properties are self acquired by the deceased by thier hardwork and there is no contribution by father.

1.Please tell us what % of share each relative of deceased will get in residential property if self occupied and when we sell the same.
2. Since commercial property is not yet registered ( can it be transfered to both deceased's wifes and 4 children excluding father ) by the owner. Will there be any claim by father based on the bond papers signed by deceased.
3. What process need to follow to transfer the house from deceaased name to the legal heirs.
4. Who will be legal heirs in both the properties.

Thanks again.


 1 Replies

Vinay Prajapati (Officer)     12 December 2012

Respect sir, As of now my family consist of my mother and myself I have query related to transferring my dad's property (flat) to my mother's name. I lot my dad in 2008 & younger sister in 2011 and due to some financial problem we were not able to transfer the property to my mother's name. I would like to know the procedure to transfer the property to my mother’s name. Are there any special law for transferring the property which was build under SRA schemes and also please updated me about the documents required for the same and total expense, if possible. Thank you

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