A property is always a disputable subject, especially if it’s worth a huge deal. The original owner needs to ensure that he/she has lawfully and categorically distributed the property among their legal heirs or has designated a nominee who can do so after their death with complete responsibility. This makes the work of the legal heirs easier and also shows the pain taken by the deceased when they were alive. But what if there is a claim on the share in the property after the death? How would you deal with such a situation? What if you are the claimant and wish to get the share in the property which as per is your birth-right? Let us look at who can claim a share in the property and how can they go about it?
Who can claim for the property?
A property if owned is self-acquired then it is the right of the owner and he/she holds all the rights to transfer it to anyone they please. However, if the property is an inherited one then it gives equal rights to the legal heirs as soon as they are born in the family. If you die without making a will then your property becomes ancestral in nature and your children will become the legal heirs. So if you wish to get a share in a self-acquired property of your father against his will; you cannot do so. But if he dies intestate then you and your siblings along with his wife and parents have equal rights on the property.
How do you claim your share legally?
The law has been chalked out for all kinds of situations. For a person who wishes to claim for the equal rights in the property of the deceased; he/she needs to submit the death certificate to the bank or the court of law to get the proceeds. The court needs an application form for succession certificate which is passed only when there is no objection by any person in a span of 4 to 6 weeks post publishing an ad in the newspaper. Once this succession certificate is passed then he/she can claim the share in the property of the deceased.
Letter of administration is also a legal document which can be attained by the claimant to acquire the property and exercise their rights over it. This is also requested in the court of law and should be done within 90 days from the date of death. Both these documents can be produced in the bank to get the money transferred to the claimant. If you are the joint owner of a property or an account then you legally have the right to claim the share in such property. All you need to do is show the relevant documents and get your share without any hassles.
If you are the nominee in any of the properties then you need not do anything as the property will be transferred to you without any trouble. But as a nominee, you only have the right to be a trustee for the property and will need to transfer the property to the legal heir as and when the time arrives. If the deceased has prepared a will and has mentioned your name over it along with the inheritance details then you can claim such a property by showing relevant identity proofs. There is a list of proofs that are considered valid in the court of law which can be used to get your share in the property.
If the property has no legal heirs then the property, in turn, goes to the nominee. As per the Hindu law, the legal heirs will get an equal share in the property of the deceased and every asset will be divided equally. But different religions have different ways to share the property in case of a testament. Therefore, it is always recommended to prepare a will of your assets so that after your death the legal heirs do not dispute it. Also, it is easy for the legal heirs to get what they are entitled to any unwanted heirs do not jump in to get their share which was never prevalent.
This piece of information can be highly fruitful for those who had been confused and dilemmatic of property inheritance.