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Transfer of property to wife after death of husband
22-Jun-2023 (In Property Law)
My husband died in 2011 died without leaving any will. Before that The property was transferred to my husband by my mother-in-law and brothers-in-law as settlement deed which is registered. At that time my mother-in-law and two other brother-n-laws were alive. Subsequently my mother-in-law deceased in 2017 without any will. I also want to know that after husband's death who is owner of property in india. What are the rights of a wife in India with regards to her deceased husband's property? How can the property be transferred from the husband to the wife and his only son after his death?
Under Hindu Law: the wife has a right to inherit the property of her husband only after his death if he dies intestate. Hindu Succession Act, 1956 describes legal heirs of a male dying intestate and the wife is included in the Class I heirs, and she inherits equally with other legal heirs.
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Adv. Raghuraman Balaji
Chennai | 500+ Answers
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What happens to wife when husband dies?
The surviving spouses inheritance is determined by a combination state law, her husbands will, trusts (revocable and irrevocable), retirement account beneficiary designations or accounts payable on death.
Who is the legal owner of property after husband's death?
According to Hindu Law, the wife can inherit her husband's property only if he died intestate. The Hindu Succession Act of 1956 describes the legal heirs to a male who dies intestate. A wife is listed as a Class I heir and inherits in equal measure with the other legal heirs.
Good afternoon
You can execute partition deed from your husband settlement deed
Before that you need to apply legal heir certificate and death certificate of your husband and registration partition deed
If you want further assistance let me know
You can execute partition deed from your husband settlement deed
Before that you need to apply legal heir certificate and death certificate of your husband and registration partition deed
If you want further assistance let me know
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Adv. Sumathi Lokesh
Chennai | 100+ Answers
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Dear client
Hope your fine and safe,
your husband can transfer the property by settlement deed or release deed also.
Do you have all the clear documents.
Any further legal Assistance feel free to contact me.
Regards,
Ferosha
Advocate.
Hope your fine and safe,
your husband can transfer the property by settlement deed or release deed also.
Do you have all the clear documents.
Any further legal Assistance feel free to contact me.
Regards,
Ferosha
Advocate.
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Adv. Ferosha Shiffon Ansari
Chennai | 200+ Answers
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In case of immovable property of the deceased Legal Heir Certificate will be necessary. In case of movable assets including stocks, Succession Certificate will be necessary. Thereafter by appropriate registered Deed necessary step has to be taken. To get my legal opinion professionally upon online payment, you can Whatsapp.
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Adv. Sinjari Bandyopadhyaya Banerjee
Kolkata | 400+ Answers
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dear client as per query since you need to transfer the assets of the deceased among all the legal heirs so you need to make a legal heirship certificate and also need to make a succession certificate so that you can get the property and stocks...
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Adv. Priyanka Singh
Kolkata | 500+ Answers
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After the death of a husband, the transfer of property to the wife in India follows legal procedures and may depend on various factors, including the type of property, any existing will, and the applicable inheritance laws. Here's a general overview of the process:
- Ownership in the Absence of a Will: If the husband passes away without leaving a will (intestate), the property will be inherited by his legal heirs, which typically include his wife, children, and other close relatives.
- Wife's Share: The wife has a rightful share in her husband's property after his death, as per the Hindu Succession Act, 1956. The exact share may vary depending on whether there are surviving children and other heirs. If there are children, the wife will typically get an equal share along with them.
- Transfer of Property: To transfer the property to the wife's name, the legal heirs, including the wife, may need to execute a legal document like a partition deed or settlement deed. This document should clearly state the transfer of the deceased husband's share of the property to the wife.
- Mutation of Property: Once the necessary legal documentation is in place, the wife can apply for the mutation of the property in her name at the local municipal or revenue office. This process involves updating the property records to reflect the change in ownership.
- Rights of the Wife: After the property is transferred in her name, the wife becomes the legal owner of the portion she inherits. She has the right to possess, manage, and sell the property as any other property owner would.
- Sale of Property: Yes, the wife can sell the property after her husband's death, provided she has obtained the legal ownership rights through the appropriate legal procedures.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
The local Civil Court can issue a succession certificate. The state High Court will issue a Letter Of Administration (LA) for the deceased persons property. You can apply for the transfer of property jointly owned with an affidavit and a death certifcate.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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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