On husband demise spouse and 3 kids would be legal heirs
2) you don’t need LA from US courts
3) apply for LA in Hyderabad as property is in Hyderabad
4) enclose husband death certificate and consent of other legal heirs
Hi, We have property in Hyderabad, India registererd under my deceased huband's name. We are US citizens and there is no will. What will be the best process to claim this property? Do I need to take letters of administration from USA. We have 3 kids who are majors. Best Regards, Sarada
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On husband demise spouse and 3 kids would be legal heirs
2) you don’t need LA from US courts
3) apply for LA in Hyderabad as property is in Hyderabad
4) enclose husband death certificate and consent of other legal heirs
Dear Querist
As your husband died intestate hence all of you are the legal heirs of deceased nd co-owner of the property of deceased person. There is no requirement for letter of administration from USA.
Apply for survival certificate and execute a settlement deed with your children and then apply for mutation proceedings. If you want to sell the property than based on that family settlement you may sell this property without any hurdle.
Feel free to call
As your deceased husband's property is located in Hyderabad, India, Indian law will govern the inheritance of the property. In general, in the absence of a will, Indian law provides for the property of a deceased person to be inherited by their legal heirs.
To claim the property, you will need to establish your status as a legal heir of your husband under Indian law. This may require obtaining a certificate of legal heirship from the Indian authorities, which will require providing documentation such as birth certificates, marriage certificates, and death certificates.
In addition, it may be necessary to obtain letters of administration or a similar court order from an Indian court in order to legally transfer the property to your name. It is advisable to consult with an Indian lawyer who has experience in inheritance and property matters to guide you through this process.
As you are US citizens, it may also be advisable to consult with a US attorney who has experience in international estate planning matters to ensure that your estate plan takes into account your overseas assets and the potential tax implications of inheriting foreign property.
Overall, the process of claiming the property in India may be complex, and it is important to seek legal advice from attorneys familiar with both Indian and US law to ensure that the process is carried out in a legally sound and efficient manner.
1. If a Hindu Male dies intestate (without executing a WILL), his self acquired property devolves equally to his mother (if alive), wife and children.
2. Based on your deceased husband's death certificate and the Legal Heirship Certificate/Family or Genealogical Tree documents approach the jurisdictional Corporation/Municipality and submit the documents for change of Patta/Khatha in all the legal heirs' name.
Yes, Get the Legal heirs certificate or LOA from Indian Embassy or Consulate and submit the copy here in the Indian sub register office for mutation records.
You have to obtain a legal heirship certificate to confirm the legal heirs of the deceased property owner from the local revenue department in Hyderabad, provided he is reported to have resided died in Hyderabad one year prior to his death.
If not then you may obtain a surviving family members certificate by furnishing the details of the family members of the deceased from the country of his last residence.
Based on the apostle copy of the certificate issued by any competent authority of that country, you can file a suit for declaration to declare the legal heirs of the deceased in India for the purpose of acquiring or inheriting the property left behind by the deceased in India.
Once you get the court orders declaring the legal heirs, submit an application to the concerned revenue department, you can attach the copy of the orders, copies of the identity proofs of the legal heirs, death certificate of the deceased, a copy of the property registered document, a copy of the encumbrance certificate etc., as necessary documents to get the revenue records transferred in the name of the legal heirs of the deceased.
All the legal heirs have to sign the application.
You need to mutate the property in GHMC records. Following is the procedure...
As your husband died intestate, his estate automatically devolved on his surviving legal heirs - you and your 3 children - equally, if his mother had passed away earlier. You are all entitled to an undivided 25% share each. If you wish to keep the property, you need not do anything now. If you wish to sell it, you may do so either jointly or through one of you having a valid PoA from the other three.
IF you are only child than you are sole owner and just take possession and apply for mutation. If more than one sibling than all have eqaul share.
IF their is no dispute than no need of letters of administration from court. Only Indian court have jurisdiction.
We have 3 kids who are majors - You have 3 kids ? They don't have any share in grand father property.