Question

Describe the steps required to distribute property when a person dies without a will (intestate). Does everyone need a will?

Why is it important to clearly distinguish between personal and real property in tax laws, real estate and inheritance issues?

Describe how the rights to property can be legally transferred. Do all sales of land require a contract or deed?

Answer 1

Steps to distribute property without will-

1. Obtain death certificate of decided person from governing area viz health inspector from urban corporation or register village.

2. File application for succession certificate from court, which reveal hairs for Class I or II according to situation

3. In case of without will distribution of property according to section 10 of The Hindu succession act 1956.

Following four rule

Rue 1- The intestate widow, if there are more than one widow then all widow together shall take shall take one share.

Rule 2- Surviving son ,daughter and, mother of the intestate shall take one share.

Rule 3-the hare of branch of each pre diseased son or each pre diseased daughter of the instate shall take between them one share

Rule 4-The distribution of share refer to in rule 3-

(i)among the hairs in the branch of pre deceased son shall be so made that widow ( or widows together) and surviving son and daughters get equal portion; and branch of his predestined son get equal portion.

(ii) among the hairs in the branch of pre diseased daughters shall be so made that the surviving son and daughters get equal portion.

Dose every one need will - Its not must, but will provide distribution of property own by wilier.

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Distinguish between Personal and real property - Property groped in movable and immovable. Property of land and building grouped under immovable is terms as real property and its transfer require specific title. And government impose some fees while terser its ownership from one owner to another. And property other than personal which is movable comes under real property which include movable asset and bank balance. It become essays to access tax liability and proper distribution incase of distribution of property.

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Transfer right to property- As per existing law property can be transfer from its one legal owner to another with application of transfer of property to concern register . On receiving the application register observe and scrutiny the basic supporting documents and issue warrant or Chelan. with issue of notice to general public request to submit objection if any . If objection not received within specific time period then with evidence issue the certificate of ownership.

Do all sales of land require contract or deed - Yes all sales of land require ownership.