646+ Lawyers are online 
URGENT - PROPERTY TRANSFER ISSUE AFTER DEATH
09-Oct-2025 (In Property Law)
Hi,
Somedays ago, My Friend's father has been passed, he has a property in which his wife has 50 % share and he hasn't left any will, they have three childrens, two not living together and totally disconnected, now who is the owner of other 50% share, His wife? Pls. reply.
Kindly share the entire details for understanding your concern
Request you to kindly contact in person and in detailed
Kindly share the entire details for understanding your concern
Request you to kindly contact in person and in detailed
Helpful?
Adv. Santosh S. Gaikwad
Navi Mumbai | 5+ Answers
Chat
Mutation or transfer in the records can be done by applying for a legal heir certificate. In the absence of a will, the property share of your friend’s deceased father will devolve by intestate succession under the Hindu Succession Act, 1956 (assuming the family is Hindu). Since the father owned 50% of the property, that 50% share will be divided equally among all his Class I legal heirs
Helpful?
Adv. Sanil Sarkar
Navi Mumbai | 5+ Answers
Chat
In absence of a Will, the property owned by your friend’s late father will devolve as per the Hindu Succession Act, 1956 (if they are Hindus). Since his wife already holds 50% share, the remaining 50% belonging to the deceased will be equally inherited by his Class I legal heirs — i.e., his wife and all three children — each getting an equal one-fourth share from that 50%. Thus, after succession, the wife will hold her original 50% plus an additional 12.5% share (¼ of 50%), and each child will also hold 12.5% share. Mutation and legal heir certificate can then be applied for accordingly.
Helpful?
Adv. Saylee Chaudhari
Dombivli | 5+ Answers
Chat
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
