Legal Question in Real Estate Law in India

Sir,

He did not leave a will behind so would the legal heirs also include his mother and brothers apart from my family, I mean apart from my mom and my siblings do I have to share it with my grandmother and my parternal uncles (chacha)?

Also,

Is there a fees involved in transferring the property in our name(My mom and siblings). And is there any penalty/late fees charges or tax that is required to be paid for the gap in transferring the plot in our name. Also can we resell it?

Thanks for help.

Answer: it will depend whether your father died leaving a Will or without a Will. If there is Will then as per fathers desire expressed in Will. If there is no will, then it has to be distributed equally amongst all the legal heirs, say your mother, brother, sister.

Vishwa Arya

Arya & Co.

Lawyers' Chamber No. 551, New Delhi Courts, Patiala House,

New Delhi, 110001

Question: My Father died in 2001, I have a plot in his name but he has not mentioned any nominee for the plot. Now I am thinking of selling the plot. What is the procedure of transferring the property in my name.


Asked on 1/07/11, 7:22 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

legal heirs would only be your mother and your brothers and sisters and not the brothers and sisters of your father. there is no penalty or tax when property is inherited.

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Answered on 1/07/11, 9:15 am


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