Questions Legal

How to divide the land among heirs?


Prabha Yadev

Life is but a walking shadow

An heir can be defined as a person who as per law is entitled to inherit all or some of the estate which belongs to another person who died without making a legal will or testament. In case the deceased dies intestate without making any valid will then, in that case, their heir is going to get a property as per the governed laws of the state where the property was probated. In general, those who inherit the property of the deceased are the children, close relatives or descent.

Inheritance can be described as the passing of the property, debts, titles, rights, as well as obligations to another native after the death of an individual.

One can inherit a property in India in 2 ways:

• Either through will or based on state laws of Intestate Succession
The property which also includes land and which belonged to Hindu male dying intestate will be distributed among the heirs as per section 8 and 9 of The Hindu Succession Act, 1956.  There are Class 1 and Class 2 heirs;

For Class 1 Heir: The following falls in this category:

•    The widow of the interstate

•    The living sons and daughters of the deceased

•    The intestate’s Mother

•    The heirs of each pre-deceased daughter or son of the interstate

For Class II Heirs – The following falls in this category:

•    The intestate’s Father

•    Grand-parents as well as the grand-children of the Interstate

•    Deceased brother or sister 

•    Rest relatives which may include father’s brother or sister, mother’s brother or sister, brother’s widow, son or daughter or sister’s son or daughter,  and other relatives.

There are some legal formalities which need to be completed by the heirs to get the ownership of the property. What and how will be the legal formalities will depend on the below-mentioned factors:

1.    Nature of the property

2.    The rights you have on it

3.    Number of legal heirs who are eligible to get the share of the property

4.    Other aspects

There are few steps which you need to follow for inheriting the property legally:

A.    Make the Legal transfer of the property in your name to establish ownership

B.    Collect the Ownership Documents of the property or the land Title

C.    Clearing the Liabilities (In case you inherited a property with outstanding loans or mortgage loan taken by your ancestors). In case the inherited land was let out then you are supposed to follow the clause of the signed agreement between lessor and lessee.  

So this is how properties which also includes land are inherited by heirs of the Interstate in India.

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