• Property rights after a death

Hi, 
My cousin(Brother) is expired due to attack at the age of 35 (natural death).
Behind him one son (8 yrs old), his wife, parents and younger brother. 

Now apartment flat needs to be transferred to his family members.

So, in this case what will be the option ?
1. Transfer the ownership to 
         a. His son (Guardian his Grand Father)
         b. His wife (widow)
         c. His Mother
2. Transfer the ownership to 
         a. His son  ( Guardian for son, his Grand Parents and Mother )
3. Transfer the ownership to 
         a. His son (Guardian his Grand Father)
         b. His wife (widow)
         c. His Mother
         d. HIs Father

Which one is advised by law ? Please guide.
Also If window files ownership transfer to only her name how to tackle it ?
Also specify the procedure to change the ownership and section details.
Asked 2 years ago in Property Law from Pune, Maharashtra
Religion: Other

after death of husband the legal hairs are

1) wife

2) childerns

3) parents of husband

It is advised that the same is transferred to the name of the wife if the same was bought by your brother from his money.

Though, an NOC of all the legal heirs will have to be filed in this case.

Process:

Mutation will happen from the municipal office after obtaining the legal heir certificate.

Kindly contact a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

After his death, under law, his son, widowed wife and mother are entitled to inherit this property.

Q. Also If window files ownership transfer to only her name how to tackle it ?

A. This is impermissible under law. She can claim this all alone.

They(all 3) may apply for Legal Heirship Certificate, and get their names mutated.

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
153 Consultations

5.0 on 5.0

On your brother demise his mother , wife , son are legal heirs

2) transfer flat in name of wife and son

3) mother can relinquish her share in the flat

4) obtain letters of administration from district court in name of wife and son

5) mother can execute consent affidavit

6) then apply to society to transfer flat

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

Hi, after the death of your cousin the property is transfered to the legal heirs .. Wife , and son .. They can get the title transfered by filing a civil suit for declaration

Hemant Chaudhary
Advocate, Gurgaon
4458 Answers
34 Consultations

4.9 on 5.0

as per Indian Succession Act father is not legal heirs of deceased so only son, wife and mother are legal heirs.

It is require to apply before civil Court for geting heireship certificates on depositing proper court fees on market value of property.

if parties want to transfer property in only one of the heir so other applicant can file his no objection for the same.

Shivprasad Auti
Advocate, Aurangabad
3 Answers
1 Consultation

4.0 on 5.0

Sir , devolution of property differs from religion to religion. Since your cousin died intestate and therefore if I consider him as Hindu, his property will go to his wife. If you are Christian or Paris then please refer to Indian succession act 1925, section 33.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

5.0 on 5.0

1. Who will transfer the title of the property of your late cousin? Who has the authority to effect tyhe said proposed transfer?

2. The property has already been inherited by the legal heirs of your late cousin.

3. The mother, wife and son of your late cousin are the joint legal heirs of your late cousin.

4. hey can mutate their names in the records of the BLRO and the local Municipal Corporation.

Krishna Kishore Ganguly
Advocate, Kolkata
24025 Answers
659 Consultations

5.0 on 5.0

If a deceased has not left any WILL, the property left behind will be inherited by legal heirs. In the present case, it is not mentioned whether the deceased left any WILL or not. If no WILL is executed then the property owned and possessed by the deceased will be transferred to his legal heirs . i.e. Wife, son and mother and father only.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

according to hindu succession act living parent, widow and son become the joint owners of the property left by the deceased. brother has no legs to stand in this case.

as your cousin died unfortunately at the age of 35, there is a chance that the said unfortunate lady may opt for another married life. in that event the said minor will be in mess.

so it is better that there will be a declaration in the form of gift or family settlement that whatever property left by your cousin will be owned by his son solely and grandparent will remain as custodian.

the widow may disagree. it will be your duty to convince her that she is not loosing anything. ultimately her son will get everything in her absence so it will be prudent to resolve the matter once for all. and by this time she must not have any difficulty to enjoy the property as her son is the owner, presently who is minor.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

Dear sir,

in your question you not mentioned that whether that flat was his self acquired property or not ?

let us presume it was his self acquired property and answer is behind your brother following persons are legal hearers:- son, wife, father and mother.

therefore the best option is transfer the ownership on all of these person in-spite of only son or only wife.

For the purpose of son make his mother as legal guardian and his mother and father will may be co-sharer.

to transfer ownership you have to apply to city survey office and apply for entering there name along with death certificate, Id proof of applicants, birth certificate of minor son, affidavit for legal hearers, and application duly stamped. same application you have to file in society office also to enter name in share certificate.

If wife i.e. widow claim ownership you can take objection to enter other sharers name on record once your objection is recorded no any officer will enter only her name on record.

thanks

Sadikali Sayyad
Advocate, Pune
7 Answers

4.0 on 5.0

Dear Client,

Property will devolve in Son, Widow, & mother by equal share i.e. 1/3 each.

IF son adopted by Grand parent than no right. Else Property will devolve in him after turn major, till his share cant be interfered without the order of the court that only for the benefit of the son.

Mother can do haq tyag in favor of widow or son but sons` share cant be transfer in her name except under guardianship.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

The property belonged to your cousin and he is reported to have died intestate.

Then the property left behind by him shall devolve on his own legal heirs or successors in interest.

If he was a Hindu by religion, then the class I legal heirs namely wife, children and mother shall have equal rights in the property.

Since you have not mentioned his religion, the successors to the property shall be as per the succession act of the religion he belongs to.

In any case his wife, child and mother shall have rights in the property equally, hence there is no question that any one person alone can acquire his property lying intestae

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

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