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Procedure of sale of deceased husband's property for survival.
13-Nov-2023 (In Documentation Law)
My husband has died 5 years. There is a residential plot registered in his name. The plot is located in choudhary more, Ghaziabad. want to sell it. What are the formalities/documentation required so that this propety can be sold through registered deed. My husband is survived by his mother & a 10 year year old son beside me.
You need to get the property mutated in your name. The mutation can be done at the nagar Nigam office of that area. your mother inlaw needs to give a no objection certificate for it. Or else she would also be required to sign the sale deed.
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Adv. Aseem Goswami
Lucknow | 100+ Answers
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Does husband have rights on wife's property after death?
During the lifetime of the wife, the husband does not have any rights over her property. When the wife dies, her share is divided between her husband and her children. Devajyoti Barman, a Kolkata-based lawyer, says that if the wife receives her share during her lifetime, her husband will inherit it. 28 Nov 2023
Can a wife claim 50% of husband property?
There is no law that gives 50% of the husband's assets to his wife. The court can take the assessment of the husband into account when settling alimony. It is up to each individual whether they give or not, and how much. This is a decision that only each individual can make.
How is property transferred after death of husband?
According to the Hindu Succession Act or personal laws (or the India Succession Act if applicable), the part of the property that is left will be divided among the legal heirs. Joint Tenancy: The property passes to the spouse after the death of the husband.
What are the rights of second wife in husband's property in India after his death?
If the second marriage, that is, the one where the husband marries after the death of the first spouse or after the divorce of the first spouse, is valid, then the wife who gets married has the same property rights as the wife from the first marriage. The same applies to both husband-owned property and ancestral property.
Yes u can sell that plot but selling the plot u have fullfil some legalities also.More than u legal heirs are in this case after death of u husband so u have to take fulfill all of formalities first to seel it out.
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rights of wife in husband property in india after his death
Who is the legal heir after death of a married woman in Hindu
right of wife in self-acquired property of husband
Does wife have rights to husband's property in India
How to transfer property from husband to wife after death
Two solutions arise for this problem.
One is that if your husband has left behind a valid will then the person favoured in the will, shall have all the rights to dispose off the property as he/she deems fit.
The second is that if your husband has not left behind a will then as per section 8 of HSA, 1956, the property shall devolve upon his mother, you(his wife) and his child and you shall take it simultaneosly. (You have to take legal heirs certificate from court. It will take a couple of months)
You can sell the property after taking consent/surrender documents from other heirs. You can act on behalf of your minor son.
You shall have to go to the registrars office with the agreement to sell/sale deed, consent documents and the registry in the name of your husband and the will if present and your id proofs and get the property registered in the name of the prospective buyers.
For help with documentation and further help, contact personally.
Take care and regards.
One is that if your husband has left behind a valid will then the person favoured in the will, shall have all the rights to dispose off the property as he/she deems fit.
The second is that if your husband has not left behind a will then as per section 8 of HSA, 1956, the property shall devolve upon his mother, you(his wife) and his child and you shall take it simultaneosly. (You have to take legal heirs certificate from court. It will take a couple of months)
You can sell the property after taking consent/surrender documents from other heirs. You can act on behalf of your minor son.
You shall have to go to the registrars office with the agreement to sell/sale deed, consent documents and the registry in the name of your husband and the will if present and your id proofs and get the property registered in the name of the prospective buyers.
For help with documentation and further help, contact personally.
Take care and regards.
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Adv. Ashima Pury
Noida | 100+ Answers
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After death of ur husband the ownership of proprty is come to his son and wife.
So you must be give an application under section 32 up revenue code in the court of tahsildar for succession.
And if their are any construction then also file an application in nagar nigam for the same.
So you must be give an application under section 32 up revenue code in the court of tahsildar for succession.
And if their are any construction then also file an application in nagar nigam for the same.
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Adv. Reva Nandan Dwivedi
Allahabad | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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