Change of ownership of house
7 months ago
Me and my husband brought a house in 2020 availing housing loan facility. All monthly installments are being paid by me till date. Housing loan has been availed from my bank in which I work and loan was sanctioned on basis of my salary alone. Husband made small contribution to down payment and paid around 1.5 lakhs towards loan payment just once to avail tax benefits in a financial year. I have made more than 20 lakhs payment towards the house. Loan is still pending repayment and I am making payment monthly. 3 months back my husband expired due to natural causes. Now being a Hindu myself, my son, mother in law have become legal heirs. I am planning to sell the house and close the loan as I am finding it difficult to pay the monthly installment. Mother in law is saying she will not sign the papers for selling the house and let us go for case. I am planning to file partition suit. For filling partition suit I need to submit tax paid receipts. If I change ownership of house to all 3 of us as per legal heir will it prove beneficial to mother in law, as right now her share is only 1/6th. After changing ownership will it change to 1/3?
You just need to obtain the death certificate, and existing ownership deed to the court. If your spouse had mentioned a certain division of the property in his will, then the property shall be distributed accordingly by the testator. However a sale deed will have to be executed to make it legally valid.
A mother is a legal heir to her deceased son's property. Therefore, if a man leaves behind his mother, wife and children, all of them have an equal right on his property.
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