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Property transfer in case of intestate death of father


04-May-2023 (In Property Law)
My father died intestate. He had a privaye builder property(shop) on his name. How do I get that transferred on my name (only son). He had following members in his family : 1.Wife 2.Son 3.Old Mother Also, is my grandmother a legal heir?
Answers (3)

Answer #1
815 votes
This is the case, where father died intestate, therefore, All legal Heirs will be entitled for their respective shares in the said shop. You may apply for mutation of the Shop in your name by getting relinquishment deed from other surviving legal Heirs. If other legal Heirs may execute their relinquishment Deed in your favor, then shop will be mutated in your name and you will be absolute owner of Shop.
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Answer #2
550 votes
Class I heirs consist of the immediate family linked by the male. It includes wife, son, daughter and mother. All the people in this class shall equally divide the share among themselves. only in absence of a class one heir its shate will go to class II heir. It is well defined under Hundu succession act.
Grand father does not have any share as a legal heir of the deceased son.
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Answer #3
889 votes
Dear queerest, yes your mother is a legal here and apart from that all those you mention like your mother yourself and your grandmother all are the legal hairs of your father. Since your father has died intestate the property will be devolved through intestate succession, in case you want the whole property to be transferred in your name , Then there will be relinquishment deeds registered in the name of your mother and your grandmother and after that the total property has to be declared by the registered deed in your favour.
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