Sale of ancestral property in absence of will

you haven't mentioned did the said ancestral property is to be divided among your father's siblings or he was the only child of his parents????

 

if he was the only child, then you need to take the death certificate and letter of administration of estate ( to be obtained from the High Court) to the concerned authority for deleting his name from the property and include your name in the property.

 

Regards,

Advocate Rohit Dalmia

9324538481

When the will for the immovable property is not made by the deceased, who was then living, the property becomes "joint family property". Every co-parcener has a right to share the property. This is for your information. As far as title is concerned, it may be pointed out that when you assert that the property belongs to your father, your father at that point of time, must have entered into a sale deed. If the sale deed is available along with Index II duly issued from the Registrar of assurance, it would amount to title. Beside this, you need to know as to whether the revenue record of the property is complete. The reason is that the name of property holder is always entered into either under City Survey Record, or the record of rights i. 7/12 as the case may be. You can submit the death certificate supported by affidavit requesting the local office to enter the names of legal heirs. So the property will stand transferred in the name of all such sharers. 

 

You are to collect the following documents: 

 

Sale deed of the property. Index II, entry in the city survey record, or the record of rights. If any documents are lost, seek the information by way of RTI application and thereup ask for the certified copy of each documents. 

You cannot sell the property alone.  Other successor of your fahter's are also entittle for equal share in the properties left by your father or share of your father in ancestral property

If there is no will you dont need letter of administration. Get death certificate and meet local revenue first. Title will be transferred in favour of all heirs. If you still face problem get in touch with local lawyer. Process of substitution of heir is very simple.

All you need is to show the death certificate and legal heir certificate from local authorities to show that you are the legal heirs of your father.

after getting LR certificate - if all of your brother or sister agreeing may partion the property or file a suit for partition