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property matter - Death of first holder
2 years ago
This is with regards to property which is in joint name i.e. mys dad (1st holder) & uncle. My dad passed away 7 years back and till now the name on the share certificate has not been transfered as the original documents are with the 2nd holder and they do not want to have the name transfer done now?
Any consequences if I do it after few years? alternate ways that I can take for securing share in property?
A.Dear Sir,
You may get issue a legal notice followed by partition suit and thus a decree will be passed in your favour and a direction will be given for change of name in the share certificate.
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A.Hi,
Please apply for the legal heir certificate. Legal heir certificate is an important document to determine the appropriate legal heir of a deceased person. After that, you can claim your right on it by producing the relevant documents along with the death certificate of your father.
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Please apply for the legal heir certificate. Legal heir certificate is an important document to determine the appropriate legal heir of a deceased person. After that, you can claim your right on it by producing the relevant documents along with the death certificate of your father.
Please rate my answer
Thank You
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary for the legal heirs and heiresses of your father to take necessary step for Legal Heir Certificates to record those names in the Record of Rights in place and stead of your deceased father. Please take note that as your father is deceased,then taking advantage of the same,with the help of death certificate and improper Legal Heir Declaration,your uncle can take the attempt to mutate the entire property in his favour or may try to sale,mortgage or transfer the property as absolute owner.
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