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Transfer of property from deceased hindu parents to married children


09-Sep-2023 (In Property Law)
My brother and sister in law are deceased .The property was in my sis in law’s name. She did not leave a will. Can my married nephew and niece , their only children be able to sell the property and divide proceeds between them without a will?
Answers (2)

Answer #1
563 votes
Hello, the answer to your query is " yes". But then they will have to obtain succession certificate from the court of the concern jurisdiction and thereafter only they will get right to sell out or dispose off the said property. Also you will have to give public notice so you will be free to dispose off the said property as per your wish and will.
Answer #2
758 votes
I would first like to know where the property is situated as also where the parties are situated. It is important to know the above so as to give the answer with respect to the proper proceedings to be adopted for transferring the property in the name of the niece and nephew. If the property is situated in the Mumbai Jurisdiction then the legal heirs of the deceased would have to apply for a letters of administration and then get the Propety transferred in their names. In my opinion it is possible to transfer the property and divide the proceeds between them

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