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Right of wife and children on hereditary property post husbands death
23-Aug-2023 (In Family Law)
My husband is no more now, want insert my and children's name in 7/12. Land is hereditary, on the name of father in law. Having two brother in lawnot ready to give land to us. What is legal procedure?
My response to your query:
1) To obtain your share in you husbands property when your husband is not nomore, you have to file suit for recovery of possession and partition in your father inlaws property.
2) After filing of suit you can get the exact share belongs you your husband and after that you bale to mutate the said property in the name of you and your children's.
for detail consultation you may contact me.
Thank you
Helpful?
Hello,
Please confirm if your father in law has made a will or transferred in name of your husband. You can not enforce this and get the property in your name till you have sufficient proof that your husband had property in that property. If the proof exist we can file a petition in court. You may contact us for consultation on this.
Helpful?
Adv. Varun Vij
Mumbai | 100+ Answers
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with respect to your query, you have to get your and your children's name mutated for this you need to apply for succession certificate from the respective court and later you can file a suit for partition
Helpful?
Adv. Monica Shroff
Pune | 25+ Answers
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You and the children are legal heirs of the husband. Since the prior is ancestral, you can file an application to the Talathi for registering your and your children’s name on 7/12 extracts. If anybody has objections on the registration of names, then the applicant and objecting parties are given chance to be heard and then accordingly names are registered on 7/12 extract.
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Adv. Namita Kanhurkar
Pune | 25+ Answers
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Dear client,as the property is hereditary, hence it is the legal duty of Talathi of that area to insert the name of your late husband into the 7/12 Extract,send details to him by register post . keep one copy with you.no body avoid your tight.best of luck.
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Adv. Vijay Kalu Wani
Pune | 200+ Answers
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