Property transfer to sons after father dying intestate
My father expired in february 2013 leaving no will after him. he comes under section 8 first class of the hindu succession act and i would like to ask what is the procedure of having the property transferred in the name of my mother, me (attained age of majority) and my younger brother (a minor). I Live in Punjab. Also My grandmother has signed an affidavit giving her consent that she does not mind if Under section 8 the property can come to our name and that she does not have any interest in it. Can we have the property title transferred just to us three? Please guide me Thank you
Yes, if your grandmother has given her consent in writing that she does not wish to claim her son's property , then there is no bar on you three to transfer your father's property in all your respective names by virtue of a sucession certificate.
There is no encrumbances on transferring the property as, all three of you fall under Class I heir.
How do i get the property title transferred to us?
The rules of Intestate Succession ( succession to a person dying without a will) are enumerated under Section 8 to section 13 of the Hindu Succession Act, 1956. You, your mother , brother and gransmother are all class 1 heirs. Sons, daughters and the mother of the propositus ( deceased) each take one share. You being from Punjab, is probably governed by Mitakshara coparcenay interest. Therefore, you will be governed by Testementary Intestate succession. There will be devolution of coparcenary interest by intestae succession, not by survivorship.
Your grandmom, is willing to give away her share so it will be shared by three of you equally. Yes property title comes to you , as you are a class I heir.
After you grad mother relinquishes her right, by due procedure of law, only after that you can approach the concerned department and get the sucession certificate done in your favour
According to Section 8 of the Hindu Succession Act, 1956 where a male Hindu male dies leaving his separate or self-acquired property, Class I heirs will inherit his property and in their absence class II heirs of the Schedule. The Class I heirs succeed simultaneously, that is, together, and they are twelve in number. Of this mother, widow, son and daughter- are primary heirs and the remaining are the near heirs of a predeceased son or paternal grandson, or son and daughter of predeceased daughter. As the mother has a share on the property owned by her son and your grandmother has given her consent by signing an affidavit that she does not wish to claim her son's property, then there is no bar on you three to transfer your father's property in all your names by virtue of a succession certificate. You would need to obtain a Succession certificate from the court to acquire your father’s property. You will have to submit various documents such as death certificate of your father, the birth certificate of the heirs, copy of the ration card, property papers, etc. These documents are needed to produced in court to establish that you, your mother and your brother are the rightful successors in order to get a succession certificate.Rutumbhara www.lawkonect.com 09555 507 507
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