• Property inheritance

76 year man died without will. Deceased's parents does not exists.

His widower have 1 son & 2 daughters, all married. But son do not have any kind of relationship/ taking care of her. She is living by donations since 7 years. She also gave advertisement in news paper that she don't have any relation with her son.
Is it possible to transfer flat in her name using NOC from 2 daughters, but no NOC from son? Son is not cooperative.
The house is under Pagdi system 
Please help to guide the poor widow
Asked 3 days ago in Property Law
Religion: Hindu

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8 Answers

If the property is ancestral, no legal heir can be disinherited out of property. There is no legal process for procedure. For any transfer his NOC is necessary. He has a right to question such transfer in future.   

Ravi Shinde
Advocate, Hyderabad
3124 Answers
42 Consultations

5.0 on 5.0

On husband demise widow ,son and 2 daughters are legal heirs 

 

flat cannot be transferred in her name without NOC from son 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Dear  client I am sorry to hear that but in this case if the women has a property in her own name then she can transfer it to whom so ever see once without seeking any NOC but if it is an ancestral property then she must see cannot see from other hair in order to transfer it to one or two other heor

Anik Miu
Advocate, Bangalore
5320 Answers
57 Consultations

4.9 on 5.0

The house property under pagdi system  cannot be claimed as a right by the legal heirs of the deceased tenant.

However, if she is able to get the nod of the landlord to transfer the tenancy on her name after obtaining NOCs from two of her daughters alone, leaving aside the son, she can proceed.

She can challenge her son's legal proceedings on the basis of her public notice about curtailing her relationship with her son for the reasons therein, in case he may file one at a later stage claiming his share in the property.

 

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

No, legally it is not possible. After the death of deceased man, his estate automatically devolved equally upon his widow, son and daughters in equal proportion. By merely advertising in the media, no woman can legally disown her son however indifferent he may be.

Swaminathan Neelakantan
Advocate, Coimbatore
2121 Answers
20 Consultations

4.9 on 5.0

if this is a pugdee flat and if the son was not residing there with the tenant at the time of his demise, then the son cannot claim any tenancy right 

only the family member/s who was living with the tenant in the tenanted premises at the time of his demise is entitled to succeed to the tenancy rights 

the devolution of rights is different for a pugdee premises as opposed to ownership premises in which all legal heirs [in absence of a Will] of the deceased owner get a share in the flat

that is not so in case of a pugdee property

the widow can directly apply to the landlord to transfer the rent bill and tenancy to her name as she was living with the tenant

the noc/consent of the son is not even required

however the landlord for his safety may require the widow to submit the noc of the son

in that case she can execute an indemnity bond in favour of the landlord that in case of any claim or dispute by the son, the widow will protect the landlord against all legal expenses which the landlord may have to incur if the son files any court case to claim a share in the pugdee property 

even if the son files such a case he will have to prove that he is entitled to succeed to the tenancy right of his father by showing that he was living with him in the premises at the time of his death 

 

Yusuf Rampurawala
Advocate, Mumbai
6990 Answers
79 Consultations

5.0 on 5.0

Yes he can apply through senior citizens Act for said transfer but self acquired property of children not applicable. He can also seek maintenance from children under 125 crpc & senior citizens Act

Prashant Nayak
Advocate, Mumbai
28054 Answers
93 Consultations

4.4 on 5.0

- As per law, after the demise of that man , his property can be claimed by his widower , son and 2 daughters equally 

- Further, any of them can release his respective shares after executing a relinquishment deed in favor her widower. 

- Hence, the said son can claim his share in the property and can refuse to transfer his share to his mother

- However, as her conditions is not well and the said son is not taking care , then she can get the order from the court after filing a declaration suit for becoming the single owner of the property , if the said son refused to transfer his share in her name. 

- Further, if that property is in Pagri system , then the person who is residing in the property will get the tenancy right , and hence if the said son is not residing in that flat , then the property can be transferred in widower name after taking the consent of daughters only. 

Mohammed Shahzad
Advocate, Delhi
10269 Answers
123 Consultations

5.0 on 5.0

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