property transfer issue after death

786 votes

Before I can give you any definite legal opinion regarding whether any other family member can claim your late aunt’s property, I will need some essential details. The most important point is to understand the nature of the property — whether it is ancestral property or self-acquired property. Please clarify in whose name the property currently stands and whether it consists of movable assets (such as bank balance, fixed deposits, jewellery, etc.) or immovable property (house, land, flat). It is also necessary to know under which personal law succession will apply, meaning the religion of your aunt. Further, please confirm whether your aunt left behind any Will, registered or unregistered. If there is no Will, then succession will depend on the legal heir structure at the time of her death. Kindly inform whether her parents are alive, whether she had any surviving brothers or sisters, or any adopted children. Since her husband passed away ten years ago, it is also relevant to know whether his succession was completed and how his property was distributed at that time. Please share copies of the death certificates and property documents for proper legal evaluation. Without examining these aspects, it would not be appropriate to give a final view on entitlement.

Advocate Viraj LawRato

616 votes

yes other family member can claim the property if you need your share in the property then you need to file a civil suit before it gets too late or the property goes with the government it is equally divided among other blood relatives

Advocate Naren Gadhvi LawRato