If the properties are earned by your father than you all will be legal heirs of his Property as per the Indian succession act class I heirs list.
You father's siblings has no role at all.
Legal heirs of dad
My dad legal heir have me (son), my sister (daughter) , my mom (wife) and my grandma (mom). And recently my grandma died with out any will and also we dint execute any transfer deed. And all the property in my dad's name is self earned property means nothing inherited from ancestor. So i want to know how we should settle this property with in me and my sister. All the legal heirs my mom and grandma legal heirs ->( my dad's brother and sisters) are willing do the same with out any objection. So it will be great help if i get any pointer on the same.
Asked 4 years ago in Property Law
Religion: Hindu
17 Answers
And properties are in tamilnadu
Asked 4 years ago
Thanks a lot for the quick response. when you say you all does it include my dad's brother and my dads sister because they are in the legal heir certificate of my grand ma . Or since my grandma died with out any will, now the legal heirs of my dad is only me , my sister and my mom. Option 1-> me , my mom, sister and we can settle with in our self. Option 2 -> legal heirs of my grandma(my dad's brother and dads sister) , me , my sister and my mom. Which option is correct here.
Asked 4 years ago
If your father is not alive as of now than your grandmother share will be distributed in all the legal heirs.
Means. First the property will get distributed among you, your mother, your sister. But the property is still in your father's name than it will get distributed as per option 1.
Yes my dad died in 2009 and my grandma died recently with out any will. And all the properties are still in my dads name. Just to make it more clear from legal heir certificate info perspective. 1) Dad's legal hier certificate have names of -> me , mom, my sister, and my grandma. 2) Grandma died with out any will recently and her legal heir certificate have -> my dads brother name and my dad's sister name. So now me , my sister and my mom can settle with in our self and need not involve any other(dad's sibling) in the settlement. This is my understanding now and is my understanding correct. just to confirm and to make it clear. i am checking with you again. And thanks again for the quick response.
Asked 4 years ago
On father demise your grandmother, your mother , you and sister have equal share in property
On your grand mother demise your grand mother one fourth share in property would devolve on her legal heirs ie your father siblings
1. In view of intestate death of your grandmother, the property would devolve equally to your mother, you and your sister.
2. In other words, each one of you will be entitled to 1/3rd undivided share in the property left behind by your deceased father.
3. It's upto each one of the legal heirs to voluntarily Release (Relinquish) the share in favour of the other/s with or without expecting consideration and get the Release/Relinquishment Deed executed and registered in the jurisdictional Sub Registrar's Office.
Thanks for the response. My dads brother and dads sister are willing to give up their rights because the property is self earned by my dad. And property is still in my dads name and property is in tamilnadu. 1) Can they(my dad brother and my dad sister) give a release deed 2) if we can get release deed will it come under (Release Deed – Amongst Family Members) or Release Deed – Amongst Non-Family Members. 3) if release deed is not an option, what is the correct way to settle this.Goal is to get that 25% share transfered to me or my sister with minimal registration fee.
Asked 4 years ago
1. There's no need for your deceased father's siblings' Release Deed.
2. If Release Deed amongst you, your mother and your sister is executed, it will be amongst blood relatives and the Stamp Duty will be minimal. Just for your information, in Karnataka, the Stamp Duty for releasing the individual share amongst the blood relatives is around Rs. 5000/- only, irrespective of the value of the property.
3. Release Deed is the best option in your present context. I repeat there's no need to get the Release Deed executed by your deceased father's brother and sister in favour of your family members ( you, your mom and your sister).
Legal heirs of grandmother include your father brothers and sisters
Your understanding is not correct
your father brother and sister would inherit grand mother share in property
Act as mentioned herein above
1. Yes
2. It's release deed from legal heirs in the said case.
3. Gift deed. Can't avoid registration or stamp duty in any circumstances except will
1. The share of your grandmother devolves upon your uncle and aunt who can nevertheless relinquish their share by Release deed or deed of gift.
2. Family members.
3. Gift deed is another option.
The properties left behind by your deceased father, upon his intestate death shall devolve equally on all his legal heirs.
Even though your grandmother was a legal heir and she survived your deceased father's death, since she did not acquire her share in the property during her lifetime and she died before acquiring her share in the property, the property that devolved on her name shall revert to the remaining class I legal heirs of your deceased father i.e., you, your siblings and your mother alone.
The question of your grandmother's legal heirs do not arise if your grandmother did not take possession of her legitimate share in the property during her lifetime.
In the given situation the property of your deceased father shall devolve equally only on you, your siblings and your mother.
This is central law and it applies to all India and not particularly to Tamilnadu.
Therefore property lying in Tamilnadu do not make any difference
The legal position is that since your grandmother did not acquire the proeprty during her lifetime, her share in the property left behind by your deceased father shall revert to the remaining class In legal heirs of your father and it shall not devolve on her own class I legal heirs.
Therefore the correct legal position is that you, your siblings and your mother are the successors in interest to succeed to estates left behind by your deceased father upon his intestate death.
As per Section 15(2) of Hindu Succession Act, property should not be allowed to drift away from source through which female heir has actually inherited the property.Else object of Section 15(2) will be defeated and will become meaningless and redundant. So it means that after death of Deceased Son's Mother, the Mother’s Share in deceased son’s property would devolve upon remaining Class 1 Heirs of the source,which means wife and children of the deceased son.
1. Do not complicate simple law into a complicated one, as your deceased father's siblings are not entitled o your grandmother's share in the property left behind by your deceased father, there is no necessity for them to execute a registered release deed unnecessarily, you don't create a new law in this connection.
2. Not necessary, read the above answer.
3. As per law, upon the death of your grandmother her share of property shall devolve equally on all other class I legal heirs of your deceased father, hence don't divide that 25% separately without knowing the law involved in it.
1. Do not complicate simple law into a complicated one, as your deceased father's siblings are not entitled o your grandmother's share in the property left behind by your deceased father, there is no necessity for them to execute a registered release deed unnecessarily, you don't create a new law in this connection.
2. Not necessary, read the above answer.
3. As per law, upon the death of your grandmother her share of property shall devolve equally on all other class I legal heirs of your deceased father, hence don't divide that 25% separately without knowing the law involved in it.
Hi
1) Since your father predeceased his mother(your grand mother), the signatures of your uncle(dad's brother) and your aunt (dad's sister) will be mandatory.
2) You should have a settlement deed executed by you, your sister, your mom, your uncle and your aunt outlining the following
- That all the properties were self acquired properties of your father.
-That your father predeceased your grand mother
-that your aunt and uncle by virtue of being legal heirs of your deceased grand mother have now acquired rights,
-That they forego their rights, title , ownership and interest in favour of the remainder of legal heirs of your father.
-That 25% of property share is transferred to you/ your sister
3) In a settlement deed, the stamp duty and registration charges will be charged on market value of 25% share of property being inherited by you / your sister.
4) Settlement deed is same as Release deed executed by family members.
Hope this information is useful.
dont go in all these things you have asked in your various questions.
just remember that you are three first class heirs of your father and property will be divided in you three only. no need to take any release (relinquishment deed) from anybody else.
take a succession certificate from court and get it in your name and divide the shares between you three. nothing else is required.
gmgupta
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