what should be done for that. Stocks and Shares 9. An experienced property attorney can give you expert advice on how to handle your property issue owing to his years of experience in handling such cases. In such a scenario, one may not realize how to determine the legal issue, the area to which the issue relates to, whether the issue requires going to court and, how the court procedure works. It may be noted that the nomination only provides for the transfer of the name in the records of the housing society but it does not make the nominee a full-fledged owner of the flat. All the person has equal right in the property. In case your father has left a will, the property will be distributed among the legal heirs in accordance with the Will. The process of doing so is regulated by state law and depends on the type of asset and how it was owned at the time of death. Legal disputes over property take place across people at different levels in the society, be it households with low-income or wealthy families. your mother), his children and also his mother (in case she is alive). A Will is a legal document that declares the wishes of a person pertaining to the distribution of his property and other valuables after his death. How to Transfer Real Estate After Death. Tenants in Common. Post Office Deposits 7. It is an intestate property left behind by the deceased to devolve equally upon his successors in right. As the case may be, under this Act and not by survivorship, & the coparcenary property shall be deemed to have been divided as if a partition has taken place and, daughter is allotted the same share as son. a. You should consult … you may simple apply for mutation in case it is a lease hold property and file a suit for partition by impleading your mother and brother as defendants. (i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters gets equal portions; and the branch of his predeceased sons gets the same portion; (ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions. We suggest you that through a lawyer prepare the family settlement agreement/ partition deed, wherein you define your share/ percentage and get the same registered before sub registrar .Incase of any dispute then you will have to file a partition suit and this will take a longer period of time On the strength of the death certificate of your father, apply for a Legal Heirship certificate. ? ", Get the legal help & representation from over 10000 lawyers across 700 cities in India, Post your question for free and get response from experienced lawyers within 48 hours, Contact and get legal assistance from our lawyer network for your specific matter, Apply for Free Legal AidA Pro-bono initiative of LawRato in association with NALSA, Connect with top Property lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. Having a will bequeath immovable property to people is of utmost importance. Ask society, to transfer the flat in the names of the legal heirs thereafter. If, for example, most of your father's assets consisted of a home, he could decide to hold the home as a joint tenant with his intended heir. If the father died without a will then the property has devolved equally on his widow and all children. Bonds (If any) Can you see how long is the List ? © 2013-2020 Kaanoon Corporation. Real Estate Property 12. The process you'll use varies depending on whether your parent had a trust or a will. Ltd. All Rights Reserved. Probate will be necessary to transfer the interest in the property. Any other real property owned by the decedent cannot be transferred by using or filing a small estate affidavit. Hope you will look into the matter and do the needful payment soon. In order to transfer the property into the sole name of the surviving joint owner, a death certificate simply needs to be sent in to the Land Registry, who will update the title. Therefore it would solve a lot of my issues if u would just transfer the property to my name. Wife and 3 kids will get equal share in the property, if the original owner has died intestate(without executing a 'WILL'). After a loved one dies, their property needs to be transferred or retitled. Wife and 3 kids would each get 1/4th share in the property of the deceased. 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