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What shall be me and my mothers right over father intestate property


28-Mar-2023 (In Property Law)
The apartment where we stay is in the name of my father. However, he passed away in an accident 6 years back, and there is no will from his end. He is survived by his daughter(myself) and his wife. His mother is also alive, but she stays with my uncles. Also, the land mutations for our area are taking place now. My question is, who are the legal heirs and how do they claim heirship? What procedure do we follow to transfer the ownership of the property to my mother(wife of the deceased)?
Answers (3)

Answer #1
972 votes
According to the Hindu succession act, you and your mother are the legal heirs to your father's apartment in equal shares. To apply you need to apply for letters of administration for the apartment before the appropriate court which has jurisdiction and on obtaining the letter of administration you can apply for mutation.
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Answer #2
782 votes
Presume that you are a Hindu and you shall be govern as per class I legal heirs of the Hindu Succession Act. Accordingly you ,your mother and grandmother are the legal heirs (1/3 rd share each)if the property is self acquired by your father. You can transfer your share by registered deed of gift.
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Answer #3
600 votes
All the legalheirs are equal shareholders of your father's property. Your mother, your sister, you and your grand mother all are legalheirs of your Father. If you want to get the mutation done in your mother's name then all the other legalheirs should give no objection in favour of your mother. but to transfer the ownership of property all the other lei has to execute a gift deed in favour of your mother.
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