Legal Question in Real Estate Law in India

My aunt died 6 months back and left some property on my name. She is based in Maharashtra, India and I am abroad. She had told me that she is leaving some of her self owned property on my name. But after her death, nobody in the family including all the blood relatives are sharing any papers/will with me. Without these papers I don't have any legal authority and proof that I am the next legal heir. These relatives are telling me that there is no will . Since I don't know the exact date and document number, I cant locate the will. What should be my best option to find out her will , how should I search for it?

Asked on 8/19/13, 1:27 pm

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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20.08.2013

Dear Sir / Madam,

Yes, without any valid papers, it is difficult for you to prove that your deceased aunty has left her property in your name. You ought to have ensured that your auntie gave you the original Will. If it a flat in a registered Society that is in your auntie's name, you can get the requisite detail of the nominee, by writing to the Secretary of the Society to provide you with the information. If you were the beneficiary, your name ought to have been nominated by your auntie in the Society's record. If there is no Will, even your blood relatives will only be able to transfer the title of your auntie's estate based on a Succession Certificate that has to be obtained by them from the Court. So since you are a blood relative, your name ought to appear on the Succession Certificate.

Regards,

Answered on 8/20/13, 12:02 am

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