Transfer of jointly shared house in sale deed after death of husband in the name of wife
Niraj
(Querist) 14 February 2017
This query is : Resolved
Sir,
My brother in law was recently died. He had jointly shared ground and first floor home measuring 70sq yrds with his brother. After death of my brother in law his brother is trying to take 100% share and trying to sell the home without giving share to widow. After consultation of a layer, advised me to file a division petition in civil court and court fee will attract 5% of circle rate of the area of 35 sq yrd i.e approx. Rs. 80000/- as court fee.
I am unable to pay the hefty court fee.
Kindly guide me how to induct the name of widow in registree paper and his brother can not able to sell the home.
with regards thanks
Kumar Doab
(Expert) 15 February 2017
It is believed that all are Hindu.
Confirm!
Kumar Doab
(Expert) 15 February 2017
The estate/property of a deceased Hindu male devolves equally upon his ClassI legal heirs i.e;
Mother,wife, sons,daughters..................
If mother is not alive then it shall devolves equally upon wife, sons,daughters..................
So obtain death certificate, legal heir affidavit/certificate and submit it to the authority under whose jurisdiction property falls e.g; MC etc and record inheritance in mutation records and obtain latest copy from concerned office/official e.g; Patwaari.
It is simple matter of inheritance and don't leave possession.
Lodge police complaint in case of fraud, threat etc..............
Niraj
(Querist) 16 February 2017
Mother is alive and retired govt servant and having pension. Property was brought by two brothers by their own earnings and sale deed in the name of both brothers.
thanks
Kumar Doab
(Expert) 16 February 2017
You have posted that:
"Mother is alive and retired govt servant and having pension. "
If mother is alive then it shall devolves equally upon Mother, wife, sons,daughters..................
Rajendra K Goyal
(Expert) 18 February 2017
If mother is alive, she has share in the property of deceased.
Arrange for the court fee and proceed.
Kumar Doab
(Expert) 18 February 2017
Ms.Usha Kapoor,
Thanks for agreeing.
