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Transfer the property in absence of will
05-Sep-2023 (In Property Law)
My Grandfather expried last month and having 2 sons.Now there s no will and in absence of will whats the procedure of the transfer thehe name of property on their sons individually. I asked that issue with local lawyer and they told me that first of all property will be tranfer to elder son means my tauji and after 3 days my Tauji will transfer it to my father . IS it right way of transfer? Plz suggest me about this
This is not correct. The properties will devolve to the wife of the grandfather and the 2 sons in equal shares. The property will not be transferred to Tauzi. It will be transferred to all first class legal heirs in equal shares. First class legal heirs are wife, sons and daughters.
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Adv. Roshan Santhalia
Delhi | 25+ Answers
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Incase the nature of property in the hands of your grandfather was self acquired property, then your father and his brother are both class 1 legal heirs of your grandfather and therefore equally entitled to get the property transferred in their individual names. So the method of transfer of property proposed by the local lawyer is not correct.
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Adv. Apoorva Bahl
Delhi | 25+ Answers
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No. that is not right.
Property divided among class- I legal heir FIRST.
Your Grand Father--------------[ 1/2 -Tau Jee + 1/2 Father] and out of 1/2 property goes to your father, it further divided into your father's sons and daughters in equal part.
rgds
Property divided among class- I legal heir FIRST.
Your Grand Father--------------[ 1/2 -Tau Jee + 1/2 Father] and out of 1/2 property goes to your father, it further divided into your father's sons and daughters in equal part.
rgds
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Adv. Rajeev Rajhans Pandey
Delhi | 25+ Answers
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No this is not the right way of transfer. The correct way to transfer is to file a suit for partition.that is the easiest way to transfer the property in absence of a will.rest i can only opine after seeing the papers...
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Adv. Chetan Rai Wahi
Delhi | 25+ Answers
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Your grandfather had not left any will and thus, succession certificate has to be obtained by filing a succession Petition in the court of civil judge having competent jurisdiction where the property is situated. You may please contact us and meet us with relevant documents and information.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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