1. Collect legal heirs certificate for the property,
2. A deed of partition or deed of settlement has to be executed by all the legal heirs of the property.
House ownership distribution among sons and daughters
How is the ownership of a house distributed amongst sons and daughters if there is no will and the owner expires?
Asked 10 years ago in Property Law
5 Answers
By a Deed of Partition which may be amicably settled amongst legal heirs,failing which may be decided by an order of Court after filing a partition suit.There is no issuing authority of Legal Heirs Certificate in West Bengal,you can declare the legal heirs of the deceased by affirm an Affidavit before the Judicial Magistrate,but it is not require for any Partition Deed or every purpose.
1) on death of the owner property devolves on all the sons and daughters equally .
2) Deed of family settlement can be made for division of property . have it duly stamped and regd.
In absence of a Will, law of succession takes place and hence all sons and daughter are entitled for equal share.It can be settled by way of family Settlement duly stamped and registered.or file a suit for partition.
1. All have undivided equal shares.
2.To effectively settle the scramble for enjoyment of undivided property, you better execute mutual deed of partition.
