Transfer of property from deceased hindu parents to married children
09-Sep-2023 (In Property Law)
My brother and sister in law are deceased .The property was in my sis in law’s name. She did not leave a will. Can my married nephew and niece , their only children be able to sell the property and divide proceeds between them without a will?
Hello, the answer to your query is " yes". But then they will have to obtain succession certificate from the court of the concern jurisdiction and thereafter only they will get right to sell out or dispose off the said property. Also you will have to give public notice so you will be free to dispose off the said property as per your wish and will.
I would first like to know where the property is situated as also where the parties are situated. It is important to know the above so as to give the answer with respect to the proper proceedings to be adopted for transferring the property in the name of the niece and nephew. If the property is situated in the Mumbai Jurisdiction then the legal heirs of the deceased would have to apply for a letters of administration and then get the Propety transferred in their names. In my opinion it is possible to transfer the property and divide the proceeds between them
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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