Legal Heirship Certificate or Succession Certificate or Letter of Administration
9 months ago
My mother has property in Pune. She died intestate without a will. Now I, her daughter and my borther are the only legal heirs. We are residing in Mumbai. Since the property is solely in the name of my deceased mother, what is the procedure to transfer the title / inherit on our names jointly. We are Christians. Kindly advise
A.Dear Client,
The law which governs succession or property rights in case of a person belongs to the Christian religion is the Indian Succession Act, 1925. The only requirement for the application of the act in matters of property or succession is that the person whose property is to be partitioned or inherited is a Christian. Christians have varied laws on succession and familial relations, Section 30 of the Indian Succession Act, 1925. contemplates only those relations that arise from a lawful marriage. Where an intestate has left a widow/widower and if he/she has left lineal descendants, i.e., Children and Children’s Children, 1/3rd of his property shall belong to the widow/widower, and the remaining two third shall go to the lineal descendants. If the intestate has no lineal descendants but has left persons who are of kindred to him/her, half of his/her property shall belong to the widow/widower and the other half shall go to those who are of close kindred to him. As per Section 48, when the intestate has left neither a lineal descendant, nor parent, nor sibling, his/her property shall be divided equally among those of his relatives who are in the nearest degree of kin to him/her. Thus you and your brother being the lineal descendants are entitled to a 2/3rd share in the intestate property of your deceased mother. So reach out to an Advocate for guidance and steps
The law which governs succession or property rights in case of a person belongs to the Christian religion is the Indian Succession Act, 1925. The only requirement for the application of the act in matters of property or succession is that the person whose property is to be partitioned or inherited is a Christian. Christians have varied laws on succession and familial relations, Section 30 of the Indian Succession Act, 1925. contemplates only those relations that arise from a lawful marriage. Where an intestate has left a widow/widower and if he/she has left lineal descendants, i.e., Children and Children’s Children, 1/3rd of his property shall belong to the widow/widower, and the remaining two third shall go to the lineal descendants. If the intestate has no lineal descendants but has left persons who are of kindred to him/her, half of his/her property shall belong to the widow/widower and the other half shall go to those who are of close kindred to him. As per Section 48, when the intestate has left neither a lineal descendant, nor parent, nor sibling, his/her property shall be divided equally among those of his relatives who are in the nearest degree of kin to him/her. Thus you and your brother being the lineal descendants are entitled to a 2/3rd share in the intestate property of your deceased mother. So reach out to an Advocate for guidance and steps
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A.Dear client,
Since mother died intestate apply for letters of administration from Bombay High court
3) enclose mother's death certificate
4) Pay the court fees
5) LA takes around 6 months if there is no contest
After which you will get the property
Since mother died intestate apply for letters of administration from Bombay High court
3) enclose mother's death certificate
4) Pay the court fees
5) LA takes around 6 months if there is no contest
After which you will get the property
Helpful
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