Transfer of title of property.
Shubham Sinha
(Querist) 16 February 2013
This query is : Resolved
I want to know the procedure of transfer of the title of the property on wife's name after the death of husband?
prabhakar singh
(Expert) 16 February 2013
On death of any individual dying intestate (that is to say without any will)personal law of succession applies depending upon the religion of deceased and heirs.In a Hindu case it is Hindu Succession Act.In UP for agricultural lands law laid in UPZA for intestate applies.
So in case in hand wife is required to move a mutation application before the authority where her husband's name is recorded over the property inherited along with death certificate.
If so is not the case then wife should move an application before tehsildar/sdm of the area to issue her a legal heir certificate.
It is not clear if only wife is left as heir or there are others like mother and children of the late husband as all of them need to sign the application .
Advocate Ramesh
(Expert) 16 February 2013
After getting death certificate and legal heir certificate you can apply to the concern revenue authority to transfer the said land into their all the legal heirs. If wife is only legal heir then automatically transferred into the wife name
prabhakar singh
(Expert) 16 February 2013
WHAT IF PROPERTY IS NOT AGRICULTURAL BUT A HOUSE OR ABADI IN VILLAGE OR IN TOWN AREA OR IN MUNICIPALITY?
MUTATION IS REQUIRED TO BE MOVED GENTLE MAN!
ONLY WITH RESPECT TO AGRICULTURAL LAND IN MANY REVENUE MANUALS LEKHPALS ARE REQUIRED TO DO MUTATION SOU MOTO ONCE COMING TO KNOW ABOUT DEATH AND HEIRS BUT THEY HARDLY ADOPT THIS PRACTICE .
Raj Kumar Makkad
(Expert) 17 February 2013
Your query stands resolved with the detailed advice given above.
