There is a Muslim family with 7 legal heirs:
-
Mother (widow of the deceased owner)
-
Four sons
-
Two daughters
The fifth son passed away 8 years ago. His widow, who lives in another city, has completely cut off ties with the family. At that time, a family meeting was held to settle her share, as she wished to sever all relations and take what was due to her.
In that meeting:
-
The mother was represented by her sons
-
The deceased son’s wife was represented by her father, brothers, and brother-in-law
A written settlement was signed by representatives from both sides, but not directly by the mother or the deceased son’s widow.
After the father's death, the property was transferred only to the mother, and not to the children.
Now, the married children wish to get their names added to the property via mutation. So far, only three heirs have signed the affidavit for house distribution. The family would like to avoid court proceedings, and instead, gather all necessary signatures and submit the application directly to the Nagar Palika.
Questions:
-
Is it necessary to include the deceased son’s widow, even though her side accepted a financial settlement and signed through her family representatives?
-
Can the family proceed with the mutation without court intervention if all other legal heirs agree and sign?
-
Is there a simplified or standard procedure for such family property distribution through the Tehsil or SDM office in Uttar Pradesh?
-
If the deceased son’s widow’s signature is legally required, how can the family obtain it when:
-
She has broken all contact
-
Is living and working in another city
-
Her current mobile number and address are unknown
-
