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If the property owner dies, what is the procedure to be followed for changing the property to his legal heirs.

- by Muniswamy, Guntur

Legal heirs have to approach the competent court of law to obtain succession certificate. Government employees may obtain legal heirs certificate from Revenue authorities.  In case the property left behind by the deceased person are sites / houses falling within the city limits, the legal heirs have to obtain a death certificate, succession certificate, legal heirs certificates with supporting affidavit and details of the property before the concerned Revenue authorities like city corporation, city municipal council, city municipality, gram Panchayat for change in revenue records.  Similarly in the case of revenue lands one has to approach the concerned local authorities in the respective Taluka or the Tahsildar for the change of names in mutation records and RTC.


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.


Q:- My father had inherited some ancestral properties from his father.  He has sold one such immovable property when I was minor and utilized the sale proceeds for his visit to USA.  The said sale was done when I was five years old.  Now I have competed 18 years on 15.6.2008. I am the only son to my father.  I want to assert my claim over this ancestral property.  Please advise me suitably.

Q:- I have a self-acquired property. By a Will I bequeathed the property to my son and registered the Will. Thereafter, I changed my mind and bequeathed the property to my daughter through another Will, which is not registered. Is this valid?

Q:- My husband died leaving behind him, my child and me. I depend on the income from my husband’s property. Now, my mother-in-law is asking for a share in the property. She has other income. Is she entitled to a share in my husband's property?

Q:- We are three brothers and we have inherited the ancestral property situated in Chamrajpet, Bangalore. The original property was owned by my grandfather, which was, partitioned between his two sons, one being my father. The Partition Deed is registered. On the death of my father we three broth¬ers, orally partitioned the parti¬tion. The portion deed is not in writing and not registered. But all the three have separate khatas and properties are assessed separately. Is it necessary to have the Partition Deed registered? We three broth¬ers are in good terms with each other.

Q:- I have converted from Hinduism to Christianity. Will change of religion affect my succession to the property of my Hindu parents?