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How can property get transferred if husband is not present
03-Jul-2023 (In Property Law)
Hi. . This is my case: My Aunty is a MUSLIM woman and in April 1991 she married a muslim man who is a citizen of UAE. The marriage was a NIKAH carried out by a Qazi. This guy purchased a flat in Mumbai for my Aunty on his own name. My Aunty stayed with him in UAE till 1999. In 1999 her husband brought her back to mumbai, went to UAE and never returned to India. Till 2005 my Aunty used to talk to her on phone once a month. After that he changed his phone numbers and since last 13 years my Aunty has not spoken to him even on phone. A few days back we came to know that her husband has expired. Now the problem is that the house in which my Aunty lives is still on his name. We want to get the flat transferred on her name. We have the following documents: 1. Nikaah Naama 2. Passport showing her travel to UAE 3. Photographs. 4. Original Flat Agreement. 5. Nomination Paper. Kindly guide how can we get the flat transferred in her name. What wil be the procedure & UR approx fees?
As per your query,
If nomination of the flat is already done in your anunty's name, you need to give the death certificate of your Uncle and get the name transferred in your aunties name.
However if the nomination is not done you need to obtain a heirship certificate from the court in the name of your aunty. Then as per court order the flat will be transferred in your aunties name.
Note that you need to pay the court fees as per the valuation of the property.
Regards
If nomination of the flat is already done in your anunty's name, you need to give the death certificate of your Uncle and get the name transferred in your aunties name.
However if the nomination is not done you need to obtain a heirship certificate from the court in the name of your aunty. Then as per court order the flat will be transferred in your aunties name.
Note that you need to pay the court fees as per the valuation of the property.
Regards
Helpful?
Adv. Neelkanth Goswami
Thane | 200+ Answers
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This is my response to you:
1. In cases where the subject matter of property is an immovable property which is situated in the state of West Bengal or comes within the jurisdiction of Madras or Bombay High Court, the Muslims shall be bound by the Indian Succession Act, 1925;
2. Therefore you will need to obtain a succession certificate;
3. If there are no other legal heirs then process is much simpler;
4. Take out advertisement in newspaper inviting claims on the property;
5. If all this is done then use that succession certificate and transfer it solely on your aunt's name.
1. In cases where the subject matter of property is an immovable property which is situated in the state of West Bengal or comes within the jurisdiction of Madras or Bombay High Court, the Muslims shall be bound by the Indian Succession Act, 1925;
2. Therefore you will need to obtain a succession certificate;
3. If there are no other legal heirs then process is much simpler;
4. Take out advertisement in newspaper inviting claims on the property;
5. If all this is done then use that succession certificate and transfer it solely on your aunt's name.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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