Want declare myself as legal heir in property owned by Mother

662 votes

Your query doesn't provide much information. for the general legal knowledge, I must inform you that upon the death of a person, if he does intestate, then all of its property devloves on its heirs. not a single heir can claim excluding all the others. I must advise you to get in touch with a seasoned advocate of good standing, and have a detailed consultation towards your issue. Good Luck.

Advocate Faisal Ashfaq LawRato

938 votes

To be added as a legal heir for your deceased mother's property, pension, and ancestral property, you need to obtain a *Legal Heir Certificate / Surviving Member Certificate*. *Process:* 1. *For mother's self-acquired property & pension:* Apply at Tehsil/Revenue office with mother's death certificate, your birth certificate/ID proof showing relation, affidavit, and other heirs' NOC if any. For pension, submit Legal Heir Certificate to the pension disbursing authority/bank. 2. *For ancestral property:* If mother was co-parcener, her share will devolve as per Hindu Succession Act, 1956. You being Class-I heir are entitled. File for *Mutation/Virasat* in revenue records with death certificate and family tree. 3. *If dispute/no will:* You may need to obtain *Succession Certificate* from civil court under Indian Succession Act for movable assets like bank balance, shares, PF. For immovable property, legal heir certificate + mutation is sufficient if undisputed. *Documents needed:* Death certificate, Aadhaar, PAN, relationship proof, affidavit, other heirs' NOC. Kindly share more details like: Is there a will? Any other siblings? Is property self-acquired or ancestral? I can guide you with exact state-specific process.

Advocate Shamma Perween LawRato

826 votes

you can visit the sub registrar court then the district manager uou need to go in for mutation of property under the indian succession act everything will go to the mother and your under the hsa then in court for six months

Advocate Spiti Sarkar LawRato

981 votes

You want to know the procedure for getting his/her name recorded as a legal heir in respect of the assets left by the deceased mother, including property, pension, bank accounts, investments and other movable or immovable assets, and also wants to know the process regarding ancestral property. Generally, the first step is to obtain the death certificate of the deceased and collect documents establishing the relationship with the deceased, such as birth certificate, Aadhaar card, family register, ration card or other relevant records. For pension, service benefits, bank deposits and other financial assets, the claimant may apply to the concerned authority along with the death certificate and legal heir certificate/surviving member certificate. Where there is a nomination, the nominee may receive the amount, subject to the rights of the legal heirs under succession law. In cases involving substantial assets or disputes among heirs, a succession certificate or letters of administration may be required from the competent civil court. For immovable property, the claimant should apply for mutation of his/her name in the revenue or municipal records by submitting the death certificate, proof of heirship and other prescribed documents. In relation to ancestral property, a person who is a lawful coparcener or heir acquires rights by birth or succession, depending upon the applicable personal law, and his/her name may be entered in the revenue records through mutation proceedings. If any co-heir disputes the claim, a partition suit or declaration suit may become necessary before the competent court. Therefore, the exact procedure depends upon the nature of the asset, the applicable succession law and whether any dispute exists among the legal heirs.

Advocate Lalit Saxena LawRato

754 votes

To claim your deceased mother's self-acquired assets, pension, and your ancestral property under Indian inheritance laws, you must secure official documentation confirming your status as a Class-I legal heir. First, obtain her official death certificate from the municipal authority. To transfer immovable property and claim family pensions or government benefits, apply for a Legal Heir Certificate at your local Tehsildar or Revenue Office, a process taking 15 to 30 days. For movable financial assets like bank accounts, shares, or fixed deposits lacking a registered nominee, you must petition the local Civil Court for a Succession Certificate, which involves a public notice period and takes 3 to 6 months. For your ancestral property, under the Hindu Succession (Amendment) Act, 2005, you hold an equal birthright. Gather ancestral title deeds and your legal heir certificate to establish lineage. If your family agrees on the division, draft and register a mutual Partition Deed at the Sub-Registrar's office, followed by a property mutation request in government land records. If family disputes arise, you must hire a property lawyer to serve a legal notice and ultimately file a Civil Partition Suit in court to secure your rightful share.

Advocate Mohd Shibli LawRato