Transfer of property to wife after husband's death


What is the procedure to transfer a property title in the name wife after husbands death? Is there any role played by the landlord? What documents do i need? Property is a general store. Muslim. Thank you.

Answers (2)


108 votes

Every religion practiced in India is governed by its respective personal laws – which includes property rights as well. However, Muslims in the country do not have codified property rights and are broadly governed by either of the two schools of the Muslim personal law – the Hanafi and the Shia. While the Hanafi school recognises only those relatives as heirs whose relation to the deceased is through a male. This includes son's daughter, son's son and father's mother. The Shia school, on the other hand, favours no such discrimination. This means that heirs, who are related to the deceased through a female are also accepted.

 The petition claimed that a bare perusal of the law shows that a wife should receive 1/8th of the property of her husband on his death if they have children. In case there are no children borne out of marriage, she is entitled to 1/4th of the property. A daughter will receive half of the share of a son. In stark contrast, the men receive 1/4th of the property of his wife on her death if they have children. In case there are no children borne out of the marriage, he is entitled to half the property.


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186 votes

Under Muslim Law, right of heir apparent comes into existence for the first time after the death of the ancestor. After the death of your husband your name will come on record as Tennant. Give application to landlord and to Municipal office and annex your death Certificate to include your name on record.

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