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VIJAY KUMAR (SELF EMPLOYED)     05 January 2013

Property transfer

Respected Experts,

 

Please suggest How to transfer a flat in the name of wife after death of husband, flat was bought in the name of husband & wife ( still waiting for possesion from builder ) . Husband is first name & second name is wife. Both have one girl child around 11 years. Is succession certificate required ??? Please suggest.



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 5 Replies

Advocate Vishnu (Advocate)     05 January 2013

In your case, upon the husband's death, the legal heirs are his wife and child ( each entitled to 1/2 share from husband's share of the property). Hence the final share is 3/4 for wife and 1/4 for their child. since his child is a minor, her mother is her natural guardian. So succession certificate will be required to make changes to the revenue record , where you can mention only wife's name and pay property taxes. The child will be legally permitted to relinquish her right on the property only after she is 21 years old.

VIJAY KUMAR (SELF EMPLOYED)     08 January 2013

Thanks Vishnuji for your reply,

But by mistake could not share actual position, property in the name of husband & wife, both blessed with one girl child age around 11 years.........in absence of a will, only wife & kid are legal heir, if mother of husband is alive & father is no more but mother have own property &  drawing husband pension too & staying with her 2 sons both r well settled in govt. job.

Advocate Vishnu (Advocate)     09 January 2013

My earlier post is valid in your case. Mother of the husband will have no legal rights on the property of her son, when he has a wife and kid.

VIJAY KUMAR (SELF EMPLOYED)     09 January 2013

Please check the link Vishnuji.............as per advocate R. Ramachandran mother is also entitled in deceased son's self earned property, copy & paste of his statement is as below...............

"  Dear Mr. Ravi,

First accept my salutations to you for your noble thought and concern for the elderly mother.

Be rest assured that while she has a right in the ancestral property (of which you seem to be cock sure), she also has a right in the property left by her son (even if her son had not left any WILL).

This is because, as per Hindu Succession Act, 1956, she is a class-I her, as indicated below:

CLASS I

             Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

Thus, she will definitely get a share in the properties owned by her pre-deceased son.  Approach the Revenue Authorities and obtain necessary heir certificate and proceed to stake a claim of her share.

All the Bests. Good Luck.

VIJAY KUMAR (SELF EMPLOYED)     09 January 2013

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72805&offset=1#.UO0G9XdkBAw

 


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