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Foram Chauhan   08 August 2015

How to get name of wife on agreement after death of husband

Hello There everybody! 

I need help in regarding transferring property in name of wife after death of husband.

husband died suddendly at age of 42. he had 4 childern 3 daughter and 1 son. eldest daugheter is 15 yeard old and youngest son is 3.5 year old. He have one flat and one shop in his name. 

since there was no will we applied for sucession certificate. 

I want to transfer the property in name of wife and get it registered with sub-registered office like a transfer deed or get agreement amended and put name of wife and childeren on agreement of flat and shop. I also inform there is no society formed in building or any committee. Kindly help in this situation as we need a agreement showing name of wife and children on property. 

Thanks in Advance for Guidence. 



Learning

 2 Replies

Kumar Doab (FIN)     08 August 2015

You have posted that:

" need help in regarding transferring property in name of wife after death of husband.

husband died suddendly at age of 42. he had 4 childern 3 daughter and 1 son. eldest daugheter is 15 yeard old and youngest son is 3.5 year old. He have one flat and one shop in his name. 

since there was no will we applied for sucession certificate. 

I want to transfer the property in name of wife and get it registered with sub-registered office like a transfer deed or get agreement amended and put name of wife and childeren on agreement of flat and shop. I also inform there is no society formed in building or any committee. Kindly help in this situation as we need a agreement showing name of wife and children on property."

 

It is believed that deceased was Hindu.

It is clear case on inheritance and spouse and children are ClassI legal heirs.

Succession Certificate has been applied for and can be issued in the name of ClassI legal heirs. There is  no need for any transfer deed or another registry with SRO.The mutatuon records shall show all ClassI as owner based on succession certificate.

If it was a society flat it could have been transferred as per society rules.

You have posted that "He have one flat and one shop in his name."................and "get agreement amended and put name of wife and childeren on agreement of flat and shop"

 

Both are contradicting.You need to clarify that was he owner or was he into any agreement to buy?

 

Foram Chauhan   08 August 2015

Yes he has a agreement. He is owner of flat and shop. I want name of wife and children be reflected on his documents. Can relinquishment deed or one sided transfer deed be made and register with Sucession Certificate?

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