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How to transfer Intestate Property


25-May-2023 (In Property Law)
My grandfather's self acquired property (Intestate property) having no will before he dies. total 3 sons of my grandfather. last year before my father and also my father's elder brother also died, right now one son is alive. Kindly tell me the procedure to transfer of grandfather's property (both agricultural land & house) shares into all the legal heirs name and with/without going to the court if possible.
Answers (2)

Answer #1
841 votes
Hello,

Unfortunately as there is no will you will have to go to the court to get the property into all the legal heirs name.
You will have to file an application before the concerned civil court for succession certificate. The process should not take more than 3 months if there is no dispute.
Then, you will have to file an probate proceeding for a ‘grant of letters of administration’. Then, all the legal heirs will be made into administrators of the property and can sell it.
Answer #2
536 votes
Sir,

Since your grand father died intestate, and the family property follows as joint property till date, the formula for partition is that, among three heirs i.e your father and his brothers will get equal share of 1/3 rd each and out of 1/3 rd you will share your father's property along with your siblings.

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