Ownership transfer in case of death without signing will


I live in joint family, my husband died three years back, whereas I am possessing the plot in which i live with my three sons however, the GPA of the plot is in the name of my brother in law who was the only(younger) brother of my Husband however, he along with his wife died three months back leaving behind two daughters who are living with their maternal family, my mother in law also, he left few more properties at his name, not sure whether all are having GPA status or the registered one. I have three sons, now want to know whether they have rights on the property. What if my husbands sister made legal documents at the name of their sons by fooling my mother in law as she is mentally not fit.

Answers (2)


217 votes

We will need to check the GPA to see the powers being entrusted. Was this a sale being made through previous to the year 2007 and before the Suraj Lamps Law was implemented ?
Regardless, you will need to proceed under the succession act and claim the right to administer the assets, and subsequently proceed with properly being mutated/ transferee to your/your sons names.


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102 votes

Hello client hru.
I have read Ur full query as per which Ur husband died 3 years back leaving behind a property. Which was in Ur husband younger brother's name near about three month back Ur brother in law along with his wife he also expired they have 2 daughters' living in three maternal family member's in this condition yes your property is at risk asbur also saying Ur mother in law is not at all mentally fit in this matter immediately you have eto take the legal actions to save Ur property.

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