Widow rights on husband property
vasudha J
(Querist) 15 June 2014
This query is : Resolved
Dear Experts,
I require few clarifications regarding my property rights.
I am widow, my husband expired on 20.12.2010, and my son who is 11 yrs of age who is with me.
My father-in-law( who is a pensioner and have few cents of land in his name) divided his ancestral AGRICULTURE properties and registered the properties in 4 son's name in the year 2005.
All the bothers have taken property possession in their individual names.
Got all the documents like, mutation, RTC, EC, KHATHA, transferred in individual names.
My husband has taken the loan on his share of property.
Now I am facing the problem of transferring the property in my name, because my in laws have given objection stating that i don't have any rights over the property (as i may get married in future and leave my son- no proof for their false allegations ) and after my son attaining the age of 21 yrs, the property of my husband share to be transferred.
Because of the agricultural maintenance, i have availed loans in banks, and also availed gold loans around 6 lkhs.
I am not getting proper responses in Sub-registrar office and also they are forcing me to register in my son name and i have to be minor by guardian, even though giving all the necessary documents.
My question is:
Can i get transfer in my name wholly, Or partially in my name and in my son's name.?
can i lease the property if it is in my son name?.
Because there is a life threat for me and for my son. and we both are living in my parents place for our lively hood,(i am working in private company where my job confirmation is all not guaranteed).
WHAT ARE THE STEPS THAT I CAN TAKE FOR THE SAFETY OF OUR LIFE AND PROPERTY
REGARDS
VASUDHA J
ajay sethi
(Expert) 15 June 2014
1) on your husband demise property would be transferred in your name and that of your son as legal heirs of your husband .
2) if property is in your son name you would need court permission to create third party rights in the property .
3) if you are facing threats to your life lodge police complaint in this regard
Devajyoti Barman
(Expert) 15 June 2014
1. Legally both you and your son equal share holder of the property left by your husband. Now you can always transfer your half share in the property by way of deed of relinquishment to make him full share holder.
2.Yes but as legal guardian of your son and preferably with permission of court.
3.Do not fear for safety as long as you do not remain silent. Do lodge complain with Police about such threats and raise your voice.
R.K Nanda
(Expert) 16 June 2014
agree with experts.
Guest
(Expert) 16 June 2014
well advised
T. Kalaiselvan, Advocate
(Expert) 18 June 2014
I too agree with the expert views rendered by experts Mr.Ajay Sethi and Mr. Barman, nothing more to add.
