What is the title for inherited peoperty
9 months ago
If title is not conferred by the mutation in the revenue records and or through entries then how one person can establish his ownership if such ownership is derived from his father who died intestate
What document you need to Show the new owner that you are the title holder . what is the title for inherited property.
A.Hello Client,
You may get a legal heir certificate from your local councillor or chairman then you may apply for legal heir certificate before first class magistrate to establish your inheritance as granddaughter.
Thanks & Regards
You may get a legal heir certificate from your local councillor or chairman then you may apply for legal heir certificate before first class magistrate to establish your inheritance as granddaughter.
Thanks & Regards
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A.Dear Client,
From the query, it is not clear whether the intestate property that devolved upon you from your deceased father was his ancestral property or self-acquired property. However, based on your query it is to inform you that In case of an intestate property of a Hindu, it is devolved as per the provisions of Section 8 of the Hindu Succession Act, 1956. An ancestral property refers to property that has been passed down from father to son for at least four generations. Under Sec. 8 of the Hindu Succession Act, 1956, if the property left by your father intestate was his self-acquired property then it devolves on his surviving sons in his individual capacity in equal share and not as Karta of his own family. The Schedule of the Act classified the heirs on whom such property should devolve. Class I heirs include sons, daughters, widows, mothers, and grandchildren If there is more than one widow, multiple surviving sons, or multiples of any of the other heirs listed above, each shall be granted one share of the deceased's property. To get the individual share in the said intestate property, legal heirs have to obtain a legal heir certificate from the Competent Authority, i.e, Municipal Authority/Circle Officer etc, and file a suit for partition of the property before the Civil Court and on receipt of a Decree from the Court, legal heirs should apply to the concerned BL & LRO/Circle Officer/Tehsildar for mutation of individual share in the records of land to obtain a Mutation Certificate. Once the mutation certificate is obtained, a legal heir shall be treated as the owner of his individual share of the property and can alienate or transfer the title of the property to others through the execution of registered documents. Reach out to an Advocate for guidance and steps.
From the query, it is not clear whether the intestate property that devolved upon you from your deceased father was his ancestral property or self-acquired property. However, based on your query it is to inform you that In case of an intestate property of a Hindu, it is devolved as per the provisions of Section 8 of the Hindu Succession Act, 1956. An ancestral property refers to property that has been passed down from father to son for at least four generations. Under Sec. 8 of the Hindu Succession Act, 1956, if the property left by your father intestate was his self-acquired property then it devolves on his surviving sons in his individual capacity in equal share and not as Karta of his own family. The Schedule of the Act classified the heirs on whom such property should devolve. Class I heirs include sons, daughters, widows, mothers, and grandchildren If there is more than one widow, multiple surviving sons, or multiples of any of the other heirs listed above, each shall be granted one share of the deceased's property. To get the individual share in the said intestate property, legal heirs have to obtain a legal heir certificate from the Competent Authority, i.e, Municipal Authority/Circle Officer etc, and file a suit for partition of the property before the Civil Court and on receipt of a Decree from the Court, legal heirs should apply to the concerned BL & LRO/Circle Officer/Tehsildar for mutation of individual share in the records of land to obtain a Mutation Certificate. Once the mutation certificate is obtained, a legal heir shall be treated as the owner of his individual share of the property and can alienate or transfer the title of the property to others through the execution of registered documents. Reach out to an Advocate for guidance and steps.
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A.Dear client,
Death certificate: The death certificate of the deceased owner is essential to establish their passing, which is a key factor in determining the inheritance process.
Will: If the deceased owner left a valid will, it can specify the distribution of their assets, including the property in question. The will needs to be properly executed and legally recognized to be valid.
Succession certificate: In cases where the deceased owner did not leave a will, a succession certificate may be obtained from a competent court. This certificate establishes the legal heirs of the deceased and their respective shares in the property.
Legal heirship certificate: A legal heirship certificate is another document that can establish the heirs entitled to inherit the property. It is obtained from the relevant authorities and confirms the relationship between the deceased and the claimant.
Affidavit of ownership: An affidavit of ownership is a sworn statement made by the legal heirs affirming their ownership rights to the property. It can serve as supporting documentation when transferring or establishing ownership.
Mutation of revenue records: While you mentioned that mutation in revenue records may not confer title, it is still an important document to update the records and reflect the current ownership status. Mutation is a process where the property records are officially updated to reflect the change in ownership due to inheritance.
It's important to note that the specific documents required and the process for establishing ownership may vary depending on the jurisdiction and local laws. Consulting with a lawyer who specializes in property and inheritance law will provide you with the most accurate guidance based on the specific laws and requirements in your area. They can help you navigate the legal process and ensure that you have the necessary documentation to establish your ownership rights.
Death certificate: The death certificate of the deceased owner is essential to establish their passing, which is a key factor in determining the inheritance process.
Will: If the deceased owner left a valid will, it can specify the distribution of their assets, including the property in question. The will needs to be properly executed and legally recognized to be valid.
Succession certificate: In cases where the deceased owner did not leave a will, a succession certificate may be obtained from a competent court. This certificate establishes the legal heirs of the deceased and their respective shares in the property.
Legal heirship certificate: A legal heirship certificate is another document that can establish the heirs entitled to inherit the property. It is obtained from the relevant authorities and confirms the relationship between the deceased and the claimant.
Affidavit of ownership: An affidavit of ownership is a sworn statement made by the legal heirs affirming their ownership rights to the property. It can serve as supporting documentation when transferring or establishing ownership.
Mutation of revenue records: While you mentioned that mutation in revenue records may not confer title, it is still an important document to update the records and reflect the current ownership status. Mutation is a process where the property records are officially updated to reflect the change in ownership due to inheritance.
It's important to note that the specific documents required and the process for establishing ownership may vary depending on the jurisdiction and local laws. Consulting with a lawyer who specializes in property and inheritance law will provide you with the most accurate guidance based on the specific laws and requirements in your area. They can help you navigate the legal process and ensure that you have the necessary documentation to establish your ownership rights.
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