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Arka De   25 March 2022

What things should I do to transfer the property of my brother who died Intestate in my name.

my Brother has died intestate and I am the only legal heir alive to inherit the property.What should be my steps to get the property transferred to my name.


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 12 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 March 2022

You engage a lawyer dealing in succession matters and apply to competent court for a succession certificate. Do as the lawyer and the court says.

Arka De   25 March 2022

I am 87 yrs of age now and going to court is not possible for me as it may take a year or two...is there any other method to gain the property?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 March 2022

Who is your own heir?  You write a will in favour of that heir and include in that this property which you are inheriting from your own brother. Ask that heir to follow up your application for succession certificate. I am 2 years older than you and this how I do my own things.

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Arka De   25 March 2022

Okk...thank you so much

P. Venu (Advocate)     25 March 2022

" I am the only legal heir alive" ! Facts posted are incomplete.

Arka De   25 March 2022

There are no relative of my brother alive as our parents are dead and we both are unmarried...so I am the only legal heir alive...

Shashi Dhara   25 March 2022

No pand sc is necessary ,give petition with death certificate and g tree with other relevant documents  to change it to your name.

G.L.N. Prasad (Retired employee.)     25 March 2022

Contact a local advocate if you are not willing to share important details as to the year of his death, possession, and enjoyment after your brother's death, the mutation entries, etc.

Palak batra   25 March 2022

Dear Querist,

 

An immovable property should be transferred and mutated in the name of the beneficiary in the relevant government and/or revenue records depending upon the nature of the property,”

 

But a property can be transferred only if you have substantial proof to claim your inheritance. “When a person dies leaving a Will, his executors are required to administer the property as per his wishes set out in the Will, provided the same are not contrary to law,” However, problems arise when there is no Will. In such cases, “the legal heirs of the person can appoint amongst themselves one or more administrators who then obtain Letters of Administration to the estate of such person,”. The distribution can be decided mutually or can be settled by the court. All the legal heirs can pass on their rights mutually to a single heir or to another person.

 

  1. apply for mutation of property in your name

 

  1. enclose your brother’s death certificate , your birth certificate ,

 

  1.  notice would be issued to other legal heirs

 

  1.  if no objections are received property would be transferred in your name in revenue records

 

  1. if your brother died without a will apply for letters of administration in your name from court . consent affidavit can be filed by other legal heirs . you would get LA in 6 months or so if there is no consent

 

Regards,

Palak

Dr J C Vashista (Advocate)     26 March 2022

In case you have no class 1 legal representative the property shall devolve to next class of heir.

No one shall carry the property after leaving this world, which you are well aware.

Arka De   26 March 2022

Thank You So Much Palak

P. Venu (Advocate)     28 March 2022

Being the only legal heir, the property has already devolved upon you. It is only that public records need to be got mutated accordingly. This could be done based upon the death certificate of your late brother. Contact the concerned revenue/municipal authorities. Each State has its own procedure.


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