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Akshat   23 August 2015

Succession & natural heir after father's death

Sir,

I am providing all information and asking my question point-wise to provide complete clarity to the forum of legal experts so that I get a clear reply.

1) My information & data : 

1.1) I Akshat (38 Years old) , my wife (Juhi , 33 years old) , 2 children (girl 11 years boy 8 years) and my father & mother stay together in Mumbai. I work in a Private company in Mumbai. My father got retired in 1999 from the service of Rajasthan Government. After his retirement my parents continued to stay in Jaipur for few years, but in 2007 my parents (mother & father) shifted to Mumbai & started staying with me in Mumbai. Both my mother & wife are housewife. My father receives monthly pension from Government of Rajasthan and he also pays income tax regularly.

1.2) I have 3 sisters, all are elder to me. They are married and settlted in their respective families. They have their own families (Husband, Children, in -laws etc ) & cannot come frequently to Mumbai except some occassion. All my sisters, their in-laws, my parents, my wife & children enjoy a very cordial and good relationship.

1.3) My father did not make any WILL. However he always used to tell me that I am his natural heir. We all used to live very happily together in Mumbai. Even after his death - my wife, kids and mother all enjoy very good & cordial relation.

2) Incident : In the month of June-2015, I lost my father in an unfortunate event of Cardiac arrest in Mumbai. We took him for his last rites and funeral to our native village in Rajsathan. After his funeral & completing other social rituals (like Ganja Bhoj etc) I got free in the month of July-2015 and returned to Mumbai. Thereafter I applied for Death Certificate and received the same.

3) Query / Questions:
3.1) Documents required to sell :: There are 2 houses in the name of my father. One in Jaipur and other at our native village, in District Aburaod. I and my mother want to sell both the houses as it is now difficult to manage the same. The original registered agreement of both the houses are with me. 
Kindly help me in letting me know what are the other documents required to sell the house - Eg : Power of attorney of 3 Sisters (to be given to me or my mother) as they live in Joint Family & cannot come frequently to Mumbai, heir certificate, succession certificate etc

3.2) Maharashtra & Rajasthan - difference in laws :: Do I have to go to Rajsthan (Jaipur & Aburoad) to get these documents or can I get the same from Mumbai ? Will there be validity of these documents  in Rajasthan (if received from Mumbai) or are the laws of Maharashtra & Rajasthan state be different.

3.3) Pension of Father :: Will the pension of my father be now paid to my mother ? Do I have to enquire about the same from "Pension Department"  of Government of Rajasthan.


Kindly provide the replies for queries and help me as I am not aware of any legalities.

Regards
Mr. Akshat Saharia
Mumbai



Learning

 1 Replies

Kumar Doab (FIN)     23 August 2015

You alone are not the ‘Natural Heir’.

 

Being the only son, you should endeavor to maintain the harmony in the family.

 

Pension: Spouse of Govt. Servant is alive. She should get it. The nomination also should be registered in employer's records. Get the requisite forms from office.

 

Estate:  It is believed that you are Hindu and Hindu Succession Laws shall apply. The succession has opened in 2015 upon death of father. The wife and all sons and daughters are ClassI legal heirs and shall share the estate equally…………………….including two houses and any other Bank/PO/Insurance a/c etc. However in case of Bank/PO/Insurance a/c etc if nomination is registered the nominee may collect the payment and distribute equally to all ClassI legal heirs.

 

First of all obtain the legal heir certificate from tehsildar’s office (anyone can appear and get it by producing affidavit) and submit to patwaari along with death certificate and let the names of of ClassI legal heirs be entered in mutation record and obtain ‘Virasat Ka Intkaal’ and let all attain status equal to that of owner to act in case of houses/property.

Thereafter anyone can sign POA in anyone’s favor. The POA attorney holder shall have to act within the limit of power as per terms of power expressed in POA/distribute the proceeds to all as per settlement of terms.

If sisters are willing they can relinquish their rights in favor of anyone.

 

 

 

 

 

 


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