Monday, October 2, 2017

What to do immediately to claim the property of death person

Right after death, get the death certificates from the municipality, which will be shown when inheriting money from bank accounts, closing the deceased bank accounts, etc. Family members are required to register the births and deaths within the prescribed period of 21 (twenty one) days from the date of death to the registrar.
The registrar is:
In Rural areas,

Registrar (rural) – Village accountant
In Urban areas the following are the registrars

In case of City corporations: Health officer.
In case of City Municipal councils: Health officer/Health inspector.
In case of Town municipal councils: Health inspector.
In case of Notified areas/Project areas/Cantonment – Health inspector.

As there is no will, the legal heirs will have to get a succession certificate for inheriting the property. You should file an application in the civil court of the district where the property is of the deceased or where he normally he lived in. A notice will then be given by the court to you – the legal heirs; and an ad will also be published in the newspaper. The court will then take a time of around 4-6 weeks, where the court will wait for objections to the inheritance, if any, from others. After that the court will pass a succession order certificate. The party concerned, i.e. you, will have to give judicial stamp paper of sufficient amount prescribed by the court fee structure to the court. The local law of the State in which the property is situated determines the stamp duty and court fees.

The legal heirs will have to apply to the probate registry to deal with the estate. In this case you need to apply for a ‘grant of letters of administration’. An application needs to be filed in the court for the letter of administration for the property. ‘Letter of administration’ is a certificate granted by the competent court to an administrator. If the grant is given, you will be known as ‘administrators’ of the estate. The grant of administration is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets.

The legal heirs will have to make an application to the court within 90 days from the death of the deceased inheriting the house and land in the following manner:

The agricultural land will be divided into four equal parts, each of the four members given an equal share.
The house is normally inherited in the name of the four heirs as joint owners. If however the daughter wants to sell her portion of the house, the whole house may be sold and the amount of sale may be equally divided but only if the son/s wants the division. (Section 23 of Hindu Succession Act)
If the deceased person owned property with another person or persons as ‘beneficial joint tenants’, the deceased person’s share automatically passes to the surviving joint owner(s)

Article by Advocate K.P.Satish Kumar M.L. , leading property Advocate in Chennai
For queries contact Daniel & Daniel to call for the top property lawyer  @ 9962999008.
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