How is the property distributed after death of husband

550 votes

Well, if there is no Will then the widow, son, and daughter get an equal share in all the deceased husbands property. To transfer it, you will have to get a succession certificate (for moveable property) and a letter of administration (for Immoveable property). While doing so, get the son and daughter to give no objections in court that they have no objection if all the property is transferred to the widow. Once all the property is transferred, then the widow may gift it to whomsoever she chooses, even a NRI.

Advocate Angad Mehta LawRato

989 votes

In this case you can file a suit for declaration and partition for transferring of assets and after that you can transfer the property to anyone.





















Thanks

Advocate Ankur Gogia LawRato

899 votes

According to the Hindu law if there is a will of deceased husband, property will distribute accordingly to the will. But if there is not a will then according to Hindu Law, both widow and Son have right to get property according to Hindu Law. Widow can claim share in her husband self acquired property while Son has right to get share in both kind of property ancestral and self acquired. You can file suit for Partition for claiming your right in property. After you get your share you can dispose off your share in your property subject to some conditions.

Advocate Akash Vajpai LawRato

753 votes

After the Husband's death- The property of the deceased is proportionately distributed among the Widow of the deceased and his children. If there was no will registered by the deceased than a Surviving member certificate needs to be applied by the family of the decease mentioning the legal heirs and a Succession Suit needs to be filled in an appropriate court of law.

The Widow can transfer the assets to a NRI as a gift by registering a gift deed in favour of the NRI in question. (Pls note that gift deeds are made only in blood relations.) Else it would be Relinquishment Deed with or without consideration.

Advocate Lalit Valecha LawRato