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Property settlement among brothers and sisters
30-Mar-2023 (In Property Law)
My father died on November 2000 in a private hospital in Kolkata and cremated in our village in Midnapore west district. Death Certificate from hospital is available with us but unfortunately we do not have death certificate from corporation or gram panchayet. My mother expired on next year and we have her death certificate from gram panchyet. We have some lands in our father's name in our village. We want to settle the lands amoung our brothers and sisters. How we will proceed the settlement? Legal opinion please.
The very first step in the right direction is to get hold of the testator's will. This can be obtained by applying along with the deceased's death certificate to the district registrar.
The registrar will open the sealed will in front of all the heirs and then hand over a copy to each applicant. In case the deceased has nominated only a single heir then only one copy would be provided. In case there is no will then as per the Hindu Succession Act the property will pass on to Class 1 heirs who include spouse, children and mother of the deceased. In case of absence of Class 1 heirs, it would pass on to the Class 2 heirs comprising of father, grandchildren and siblings. If the deceased was a woman then the property is equally divided among the husband and children in case the woman has died intestate (without a proper will).
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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