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sanjay hiremath   27 January 2022

transfer of property of deceased sister

My unmarried sister had purchased 40 x 60 site in one housing so
ciety in Bangalore,Karnataka and expired without any will.
my query is who are the legal heirs for her property and we have applied for surviving family members certificate.(father,two brothers and one sister's)
whether on the basis of above certificate can my deceased sister's property can be transferred to us


 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 January 2022

In case of death of unmarrried sister, her properties goes to her legal heirs i.e., father , mother and brothers.

Advocate Bhartesh goyal (advocate)     27 January 2022

In case unmarried  sister dies intestate then her property rights devolve to her parents ( mother & father ).if parents also not alive then property rights shall devolve to legal heirs of parents.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     27 January 2022

Yes.  Agreed with the advice of the learned expert Mr.Bhartesh Goyal sir.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 January 2022

In the case of late J. Jayalalitha, her brother has been declared as heir to her enormous wealth. Court has ordered the Government to hand over her enormous Poes Garden home to him.

Mamta Sharma   28 January 2022

Dear Sir,

Legal heirs for the self-acquired property of an unmarried girl, is the parents of such girl i.e father and mother. Both have equal shares in the property. In the given situation, on the first instance property will be transferred to your father. You cannot directly claim the share in the property of your sister. Once it gets transferred to your father, after that it will come to you by way of succession.

General rules of succession in the case of female Hindus

The property of a female Hindu dying intestate shall devolve according to the rules set out in section 15 of the Hindu Succession Act,1956

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband

(c) thirdly, upon the mother and father

(d) fourthly, upon the heirs of the father and

(e) lastly, upon the heirs of the mother

Surviving member certificate can be obtained by approaching the concerned taluk or tehsildar. The SDM or Tehsildar of the concerned area is authorized to issue the surviving member certificate.

Hope this answers your question. 

Regards 

Mamta Sharma

 

 

 

Dr J C Vashista (Lawyer)     29 January 2022

The property shall devolve upon her parents, if she was professing Hinduism.


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