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Property matter after death on Indian Christian
14-May-2023 (In Property Law)
My father- an indian Christian residing at Mumbai died last year July without leaving a will and is survived by his wife and two married daughers. He has residential property in his name in Mumbai and in Kerala - both flat and plot. We wish to sell some of the plots in Mumbai and Kerala . and we want to know
1) Which certificate we should obtain - Succession or Legal Heir cert .
2) For the residential flats in Mumbai and kerala in Co-op Hsg Society the share
will be transferred to wife name , is any other procedure still required it the flat needs
to be sold after some years.
There is no dispute between us - wife and two daughers reg the property distribution and just want to ensure that some property is sold so that the wife can comfortably lead her life with sales proceeds and also follow the due process of law relating to transfer of immovable property.
If the owner of the property has expired without a WILL, then the property right have come to all the legal heirs and in this case to wife and 2 daughters.
I think u all should first apply for Legal heirship certificate mentioning all the properties in the said certificate and acquire it either from Bombay High Court or Kerala as the properties are from Mumbai and Kerala. Either of the courts u can approach.
After acquiring the Legal Heirship Certificate in the names of the 3 legal heirs, then u can Execute an Deed of Release for each property and make individual owner of that particular property, if any of the legal heir is ready to release their rights.
Helpful?
Adv. Aniket Nerurkar
Mumbai | 25+ Answers
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Succession of Properties of intestates governed by Indian Succession Act. One third of the properties devolve to your mother and two third to both of you. You have to obtain Succession Certificate from court of law under Indian Succession Act.
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Adv. Manoj Mulchandani
Nashik | 700+ Answers
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This is my response to you:
1. You will need to obtain letter of administration;
2. You will also need to state the total number of family members;
3. Indian succession act will apply to your case;
4. Consult a local lawyer and take steps.
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Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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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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