• My single aunt passed away in an untimely manner and she has six sisters who are her heirs...

Since the estate has to be shared between the sisters what are the procedures and documents required to proceed?
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

All sisters share equally, that is 1/6. With death certificate  and copy of title deed and payment  of property tax, you have to apply the Municipal  Authority for mutation of property equally in the name of all sisters. After that execute a registered partition  deed dividing property among sisters as settled between all of six.

Ravi Shinde
Advocate, Hyderabad
4381 Answers
42 Consultations

Her sisters being class II legal heirs in absence of class  I legal heirs can inherit her and divide her property amongst themselves by a mutual deed of partition. 

Devajyoti Barman
Advocate, Kolkata
23322 Answers
522 Consultations

Apply for and obtain letters of administration from high court or district court having jurisdiction 

 

2) enclose death certificate of aunt

 

3) it takes around 6 months 

 

4) then apply for mutation of property in name of legal heirs 

Ajay Sethi
Advocate, Mumbai
97459 Answers
7878 Consultations

1. In case your aunt died intestate ( without executing a WILL ), then the share in your deceased aunt's property gets devolved equally to all her 6 sisters', i.e.,1/6th each.

2.  Documents required are Death Certificate of your aunt, family tree.

 

Shashidhar S. Sastry
Advocate, Bangalore
5448 Answers
330 Consultations

Dear Sir,

As you aunt was a single lady here property shall devolve in accordance to the HIndu Succession Act. So rights to her property shall fall first upon the mother and father of you aunt. In the case both of them have passed away the rights to you late aunt's property shall belong to her sisters as you have mentioned. When a person dies intestate, without drafting a will, the successors will have to apply to obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found. Certain documents shall be required such as death certificate of the deceased. after the grants of succession certificates the successor's will need to apply for mutation of property in their name in the official govt records. For more legal assistance you can book a consultation with me.

Thank you

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Anik Miu
Advocate, Bangalore
10367 Answers
121 Consultations

If  they are the legal heirs a partition deed can be done.

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2244 Answers
8 Consultations

The surviving sisters have to file a suit for declaration of title and partition of the estate at the proper court, filing all the necessary documentary evidence (death certificate, legal heirs certificate, title-deed in the deceased sister's name etc.), and act on the court order.

Swaminathan Neelakantan
Advocate, Coimbatore
2959 Answers
20 Consultations

If your single aunt was not survived by her class I legal; heirs i.e., her mother then the estates left behind by her shall devolve accordingly as mentioned below

Section 15 of the Act envisages a definite and uniform scheme of succession of property of a Hindu female who dies intestate. Section 16 of the Act sets out the order of succession of the heirs of the Hindu female and is to be read along with Section 15 of the Act setting out the general rules of succession.

It is the succession procedure of the third kind of property, which includes the self acquired properties or properties received in any other manner or from any other source, provided the female has absolute rights in that property, which is under question. section15(1) of the act provides for a specific order, in which this property divests;

“(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother”

:

 

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

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