Succession to proprty
Vaidyanathan
(Querist) 11 August 2018
This query is : Resolved
1) In a co-op hug Soc in Maharashtra when a member obtains a letter of administration from high court in 4 individuals favour, sharing 25% each and after transfer one of the 4 dies intestate, can the deceased persons wife claim the property as only legal heir.
2). After following procedure under byelaw no. 35 does the claimant become a Nominee or gets absolute ownwership.
Kishor Mehta
(Expert) 11 August 2018
The wife has to follow the legal procedure and obtain letter of administration for the share of her husband.
R.Ramachandran
(Expert) 12 August 2018
If the mother of the deceased is not alive, and only the wife of the deceased is alive, no children of the deceased are there, then she (the wife of the deceased) is the only legal heir to succeed to the property of the deceased. She will get the property as an absolute owner of her husband's share and not as a NOMINEE.
Dr J C Vashista
(Expert) 12 August 2018
The widow has to obtain LR certificate from area SDM for claiming the share in succession (for HIndu), for which no further letter of administration is required.
Kumar Doab
(Expert) 14 August 2018
Which personal law applies in your case?
Are all involved Hindu?
Confirm!
Kumar Doab
(Expert) 14 August 2018
Wife (spouse) can claim being sole legal heir only if she is sole legal heir as per provisions of personal law that applies.
Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
Wife can become sole owner of deceased husband if all other legal heirs release their share in her favor by a valid/registered deed.
The one procedure to obtain share of deceased husband is posted by you and thus is known.
Kumar Doab
(Expert) 14 August 2018
Is wife a nominee per valid nomination and a single nominee?
Kumar Doab
(Expert) 14 August 2018
Same Query;
http://www.lawyersclubindia.com/experts/Succession-to-a-property-under-maharashtra-coperative-societ-687226.asp
Kumar Doab
(Expert) 21 August 2018
Subsequent to the correct respsonses you have recived in all threads; you should be able to resolve the matter properly.
If you are unable to handle on your own seek counsel of a very able LOCAL senior counsel of unshakable repute and integrity specializing in Testamentary/succession/civil matters and well versed with LOCAL applicable rules/laws e.g; Co- op society in your state …. and worth his/her salt, can advise you in person after examining all docs, evidences on record.
LCI Experts Mr. Kishore Mehta, Mr. Hemant Agarwal may be near to you.
You can benefit from their counsel.
