Transfer of property to wife after demise of husband
1 week ago
Dear Sir/Madam My father passed away early this year. He was the sole owner of a house which was registered in his name only. He had no nomination or any registered/unregistered will. Now we want to transfer the ownership of this property in the name of his wife, with the right to sell the property. He has 3 children (2 sons and one daughter, all married). Kindly inform the correct procedure to be followed. regards
A.Dear Client,
When a property left by the deceased owner intestated, i.e, without any will, the surviving family members of the deceased owner are entitled to an equal share in the said property following the Hindu law of inheritance/succession. To obtain the ownership of an individual share by the surviving legal heirs of the deceased owner, a legal heir certificate from the competent authority, Municipal Corporation,/Tehahildar etc would be obtained and a civil suit for partition of the said undivided property shall be filed in the Civil Court having jurisdiction over the suit property. On receipt of the Court's decree in the partition suit, all the legal heirs(2 sons and one daughter) have to execute a Deed of Relinquishment in favour of their mother to make her sole owner of the said property. A relinquishment deed is a legal document that transfers the ownership of a property from one person to another. It is commonly used in cases where a co-owner or a legal heir wishes to transfer their share of the property to another co-owner or legal heir. A relinquishment deed may be assigned either for consideration or with no consideration. The “Deed of Relinquishment,” which must be signed by all parties, witnessed by two witnesses, and registered, is another requirement for giving up ownership of immovable property in favour of a co-owner. So, when all the legal heirs intend to give up their rights to their share in the property in favour of their mother, you can go ahead with the execution and registration of a Deed of Relinquishment which needs to be well-drafted by an experienced professional to avoid any future consequences.
When a property left by the deceased owner intestated, i.e, without any will, the surviving family members of the deceased owner are entitled to an equal share in the said property following the Hindu law of inheritance/succession. To obtain the ownership of an individual share by the surviving legal heirs of the deceased owner, a legal heir certificate from the competent authority, Municipal Corporation,/Tehahildar etc would be obtained and a civil suit for partition of the said undivided property shall be filed in the Civil Court having jurisdiction over the suit property. On receipt of the Court's decree in the partition suit, all the legal heirs(2 sons and one daughter) have to execute a Deed of Relinquishment in favour of their mother to make her sole owner of the said property. A relinquishment deed is a legal document that transfers the ownership of a property from one person to another. It is commonly used in cases where a co-owner or a legal heir wishes to transfer their share of the property to another co-owner or legal heir. A relinquishment deed may be assigned either for consideration or with no consideration. The “Deed of Relinquishment,” which must be signed by all parties, witnessed by two witnesses, and registered, is another requirement for giving up ownership of immovable property in favour of a co-owner. So, when all the legal heirs intend to give up their rights to their share in the property in favour of their mother, you can go ahead with the execution and registration of a Deed of Relinquishment which needs to be well-drafted by an experienced professional to avoid any future consequences.
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A.Dear Client,
According to the law of inheritance, on the death of a person, his legal heirs have a right to inherit the property. So, in this case, the mother and children being the legal heirs of the deceased are naturally entitled to their respective shares in the property as per the law of inheritance. Further, if any of the legal heirs intend to sell the property of a deceased person, the same can be done by obtaining a succession certificate and written consent from all other legal heirs in the form of a No Objection Certificate (NOC). If required, you can consult an advocate for advice and assistance.
Hope it helps.
Thank you.
According to the law of inheritance, on the death of a person, his legal heirs have a right to inherit the property. So, in this case, the mother and children being the legal heirs of the deceased are naturally entitled to their respective shares in the property as per the law of inheritance. Further, if any of the legal heirs intend to sell the property of a deceased person, the same can be done by obtaining a succession certificate and written consent from all other legal heirs in the form of a No Objection Certificate (NOC). If required, you can consult an advocate for advice and assistance.
Hope it helps.
Thank you.
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