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Property Inheritance For Ancestoral Property
21-Mar-2025 (In Property Law)
I am.a widow , my husband expired 2 years back without any will. Recently my father in law expired and in his will he has mentioned share for property to his children including my husband. To sell the property based on the will do I need just the surviving member certificate or do I need legal heir certificate for South Delhi area. Note different heirs have different floors mentioned in will to be given to them.
Dear ma'am,
As your father-in-law left a will mentioning the property distribution, the legal heir certificate alone may not be enough. To sell your husband's inherited share, you will need:
1. A probate of the will (if required in Delhi) to validate its authenticity.
2. A legal heir certificate or surviving member certificate to establish the rightful heirs of your husband.
3. Mutation of property in your name after following the due process.
Since different heirs are assigned different floors, ensure proper demarcation in the property records. You may Consult with me to assist with title transfer and sale procedures.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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You will require the copy of the Will and the legal heir certificate for the legal heirs of yours husband along with the death certificates of your Husband and the father-in-law in order to get the property transferred on your name.
For any further legal assistance please feel free to contact.
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Adv. Jia Kapur
Delhi | 200+ Answers
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Was there any property in your husband’s name before is expired ? Coz as Farher is not class 1 legal heir.
If i talk about your Farher-in-law’s property then the share will be distributed as per the will.
Surviving member certificate & legal heir certificate are one of the same things. In order to get property mutated you need to either go for deed of Declaration or family settlement deed or partition deed or suit for deflation or can even go for probate on will
You need to hire expert advocate in this regard
Plz b in touch
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Adv. D. Khan
Delhi | 1000+ Answers
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firstly you need surviving member certificate after that you can probhat the will through court
you can file petition in the court for probhat of will it's very important for you in future, After the probhat of will, your share will also come through the court in your possession legally
Regard Sandeep Vats Advocate
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Adv. Sandeep Vats
Delhi | 25+ Answers
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In such a situation you will be required to approach the High Court for probate of the will. During the proceedings of probate of your father in laws will, you will have to produce the legal heir certificate for your husband. Please feel free to reach out with documents for more detailed and tailored advice.
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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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