Upgrad LLM

self acquired inestate succession

My father owned a self acquired property (house built from own income). He died recently without making a will. He is survived by his widow(my mother) and 2 sons ( myself and brother) both adults with families. I would like to know .

1. How will the succession be - 1/3 for three of us or mother will be absolute owner?

2. whether this succession will happen automatically or will have to be proved in court ?

3. Whether the title deed of house (and in coop housing society) records will need to be updated?


since, your father had not made any will or filed nomination form, therefore you need to apply for legal heirship certificate from the High Court. It generally take six months to get the order from the court, subject to no dispute raised by any person.



Advocate Rohit Dalmia





Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

The property would now vest in you equally to the extent of 1/3rd each. Society has to be intimated alongwith a copy of legal heir certificate for them to update their records.


Good Luck !


Bharat Chugh

Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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