• Registering of heirs names on property

Hi
I would like advice regarding registration of names of heirs onto land which also comprises of a farm in Kholvad Surat 
The owner is deceased and their are now 18 heirs of which 4 are sons and daughters of the deceased directly and the others are grandchildren who are living in different countries,however their were only 3 names registered( 1 was the mother who is also deceased now) and the remaining 16 were left out .
Now the rest of the heirs ( 16) need their names registered onto the land as well.
1.How does one go about this and what is the process in order for any heir to get his /her name registered
2.Also ..some have already hired lawyers to do their paperwork,can they register their names Individually or do all have to submit at the same time together
3.Can one do this himself easily or will it be necessary to get a lawyer to do it
4.If a lawyer has to do it,how much can this cost and how long does it take..( not for all 16 but per family )
5. What is the best and safest way forward
6.Can you kindly recommend or refer a person of honesty,integrity,efficiency and character,who has experience in this department and would be able to carry out this task smoothly
Thank you
Asked 8 years ago in Property Law
Religion: Muslim

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5 Answers

1) grand children have no share in property during father lifetime

2) only the sons and daughters have share in property on the demise of father

3) in the event you desire to include name of grand children deed of family settlement has to be entered into among the legal heirs

4) deed of family settlement should be stamped and registered

5) you can engage any lawyer on this website for the said purpose

Ajay Sethi
Advocate, Mumbai
97462 Answers
7880 Consultations

1. You shall have to first collect the legal heir certificate of the said deceased person to claim share in his property as his legal heir. Legal heir certificate can be obtained from Municipality Councilor of your area.After that file an application before the BLRO/Municipality enclosing the legal heir certificate for including all the legal heirs certificate while mutating the name of the deceased owner of the property with the names of his legal heirs.

2. As the rule and practice they shall have to submit the legal heir certificate. if they submit false legal heir certificate showing only his name or few names then everybody's name will not be added in the mutation certificate.

3. One can do it himself since he shall have to approach the Municipal Councilor of his area and submit tye application before the BLRO or local municipality.

4. It will hardly take a month in total and cost will vary from lawyer to lawyer.

5. To handle it yourself without engaging a third party t do your job which you yourself can do in this regard.

6. You shall have to google search or make local search for your lawyer.

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

1. Registration of names is done only in revenue records of the proeprty and not making it does not cause any effect adversely to their title in the proeprty. However they can apply for recording their names on the basis of inheritance.

2. They can do it simultaneously or separately.

3. It can be done personally.

4. Cost of lawyer varies and hence noting can be estimated for sure.

5. Do this through some middleman .

6.Sorry, reference is not always safe.

Devajyoti Barman
Advocate, Kolkata
23322 Answers
522 Consultations

1. There is no question of registration of all those names with the registrar, it cannot be done except obtaining a legal heirship certificate or family tree or genealogical tree certificate from the revenue department and apply for mutation of records on all the names those are entitled to a legitimate share in the properties left behind by the deceased.

2. It is always advisable that everyone should jointly apply for getting their names mutated in the revenue records

3. A lawyer's assistance shall be to guide yo the procedure properly but that is not essential.

4. The lawyer's fee cannot be predicted, it ill be the lawyer ho accepts this task shall decide about his fee.

5. Applying for mutation of revenue records by all together shall be one of the good options.

6. You have to look for one of that nature by yourself

T Kalaiselvan
Advocate, Vellore
87664 Answers
2353 Consultations

1. If the owner is dead then his property has devolved through succession, if he died intestate, on his legal heirs. The legal heirs can thus apply for mutation in the revenue records During the lifetime of parents their children do not have a share in the property, as such the grandchildren cannot apply for mutation if the class 1 heirs of their grandfather are alive.

2. A lawyer can surely do this, but his fee can be fixed by him alone. One can surely do this without a lawyer but he will be unable to tide past the bottlenecks.

3. Search this portal to find out the lawyer where you need one,

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

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