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bachelor uncle died leaving behind property.
08-Aug-2023 (In Property Law)
As the uncle was unmarried and at the time of his death there is three persons are only legal heir who are his elder brothers son. Uncle died leaving behind property. Two legal heir out of three do not interest about uncle property and they said they will transfer their proportion of uncle property to the another one. At the time of death, Uncle has six kathas land in his name and belongs to HINDU family. Now my question is what is procedure to distribute uncle property ?
As per Hindu Succession Act 1955, there are two kinds of legal heirs, Class I and II; since you are saying your uncle had only three nephews, that means he had no Class I legal heir and accordingly the property shall devolve upon the Class Il legal heirs, i.e. the nephews. Now three of the nephews are the joint owners and two of them can gift their respective shares in favour of the third by registered deeds of gift. There will be 0.5% stamp duty and 1.1% registration cost of the market value of the property for registration of the same. Thereafter the third nephew shall be the absolute owner of the property. All the best. Thanks and regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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You need to get the undivided portion of the property transferred in your favour by executing Deed of Gifts in respect of the share of the other two brothers. In the said Deed, the inheritence of the property has to be clearly described.
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Adv. Gunjan Shah
Kolkata | 100+ Answers
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