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shalini (housewife)     16 July 2012

Law regarding property

need some advice--a widow living alone in a house.she has no children.when her husband died,she

sold her gold, some shares  etc. and paid off her sisters-inlaw and they gave her in writing and

on a stamp paper that neither they nor their offspring have any right in the property or whatever

belongs to her. The house tax, electricity bill and gas bill etc. all r under her name and even

the share certificates of the society where she is living now  are in her name. here is the

problem-if she wishes to give this to whomsoever she pleases, can she do it? because for some

reason the house has not been registered in her name in the corporation records and they are not

co-operating .so what is the option available to her? can she  make a WILL? would that be

irrevocable so that she can give away her property as and how she wishes ( she is 70 years old at

present and a little handicapped ) please HELP 



Learning

 2 Replies

sonali (xxxxxxx)     17 July 2012

It need to be lookied into that how the husband of the said lady got the home.

Situation -1  =

If husband has purchased the said home by himslef and he has got the registry documents in his name then the wife after his husbands death will have to apply for transfer of name in municipal records, land revenue collector's office and in the society based upon the detah certificate, if she is alone and no other successors to her husband are there. As per law if a man dies without any will then his property purchased by him goes exclusively to his wife and childrens. And brothers or sisters of the man can not ask for a cliam.

Situation -2 =

If the property is ancesteral, then the said lady has to show documents to show that her husband and her father-in-law's relation through some marksheet. Then property will be transferred in name of all legal heirs of husband's father. So husband's brother and sister will also have a claim in the said house. Now if the siblings of husband write a registered "deed of relinquishment" mentioning that they want their share to be given to their brother's wife (the lady) then the said lady can get the entire property in her name and then she will have to go to collector's office and municipal office to get the property transferred in her name.

 

After the property has been transferred in land records of collector and municiapal corporation, then the said lady can draft a will or a gift deed as she likes and give the property to any one as per her wish. It will be good to register the will or gift deed in registrar's office.

1 Like

shalini (housewife)     18 July 2012

thank you 4 ur help it clarifies things


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