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Author Topic: Hindu Succession Law,Legal Heirs  (Read 615 times)

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Offline s2k

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Hindu Succession Law,Legal Heirs
« on: May 30, 2016, 04:07:08 AM »
My father died 17 years ago(1999) leaving behind his wife,2 minor sons and a mother and no will.He died in then state of Bihar,but his body was cremated in his native village in Bengal

My 70 year old grandmother refused any share of property or any partition orally.She died 2 years later in 2001 leaving behind 4 sons and daughter.During the two years she was alive her entire expenses were borne by us including the expenses for all rituals post her death.

My mother was a nominee in all his bank accounts,lockers,FDs and movable properties and has been transferred to my mother.

My father also held a property in another state Odisha which he bought from his own earning  which we now want to transfer to our name.We have a legal heir certificate from the Gram Panchayat and an affidavit issues by a 1st class magistrate on basis of that certificate which states that the legal heirs are me,my mother and my brother.Both the certificate and the affidavit were issued after my grandmother had passed away.Is there anything else that is needed to get the said property transferred in our names?If yes then what and how do we get it?Also is there anyone else who can claim to be a legal heir?Since my Grandmother is now dead and she never filed for any partition or succession or made any claim to any property that my father had.

All of three of us are presently residents of bengal.Our lawyer is of the opinion that since this is immovable property a succession certificate isnt required.

Offline advuma

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Re: Hindu Succession Law,Legal Heirs
« Reply #1 on: May 30, 2016, 09:45:13 PM »
Succession certificate is for movable property not immovable property.

Now that you have the legal heir certificate. Quickly get the mutation of the property done in all the legal heir's name.

Do not delay
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline s2k

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Re: Hindu Succession Law,Legal Heirs
« Reply #2 on: June 02, 2016, 01:16:21 PM »
Succession certificate is for movable property not immovable property.

Now that you have the legal heir certificate. Quickly get the mutation of the property done in all the legal heir's name.

Do not delay

Thank you for your kind answer.

Offline adv.amarnath

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Re: Hindu Succession Law,Legal Heirs
« Reply #3 on: June 05, 2016, 01:08:11 AM »
As per Hindu Succession, your uncles and aunt are also co-owner in respect of your father's immovable property. At the time of death of your father, his two sons, widow and mother became co-owners of the immovable property (IP) in respect of 1/4th undivided share each.

After passing of your grandmother, her 1/4th undivided share will be devolved upon her legal heirs i.e. 4 sons (uncles), 1 daughter (aunt), your mother and you. All of you will inherit her 1/4th share. It will be 1/24th undivided share.

You - 1/4th + 1/24th
your brother - 1/4th + 1/24th
Mother - 1/4th + 1/24th
Uncles and aunt - 1/24th each

Above is the present ratio/ fraction of ownership in respect of your father's IP.


Is there anything else that is needed to get the said property transferred in our names?If yes then what and how do we get it?
Ans: Nothing is required to get for claiming/ inheriting property. Legal Heir Certificate issued by panchayat is worthless and has no validity in the eye of law.

Also is there anyone else who can claim to be a legal heir?Since my Grandmother is now dead and she never filed for any partition or succession or made any claim to any property that my father had.
Ans: As said above, your uncles and aunt are also co-owner in respect of your father's IP in their respective undivided share.

All of three of us are presently residents of bengal. Our lawyer is of the opinion that since this is immovable property a succession certificate isnt required.
Ans: It is true, no certificate is required but your lawyer may be missed out the succession law as I discussed above. I am also a pratcising advocate from Kolkata.

For further clarification or consultation in details, you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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