• Wife's right on property of husband after his death (husbands self-acquired property)

Wife has no source of income. Husband acquired property from his earnings, but the property title is in the name of Wife. Husband expired. Would this property in the name of wife be considered as Husband's property for the purpose of distribution among legal heirs? Can wife sell this property without consent of other legal heirs?
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

This can only be done, if a suit for declaration is filed by the legal heirs of deceased person in order to declare the legal heirs of deceased as equal owners of property as the entire sale consideration for paid by your father, which you would need to prove in court.

Also clarify as to what was the mode of payment by the deceased to buy the property and whether any gift deed has been executed by him?

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

For this, heirs can file a suit for injunction against the wife of the deceased seeking stay on sale of the said property and restraining her to create any third party interest what so ever in the subject property.

Sending legal notice is optional.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1. Since the sale deed is registered in wife's name she alone is the absolute owner of the property. The property can by no method of legal interpretation be considered husband's property, hence it will not devolve on his legal heirs. It will devolve on wife's legal heirs under Section 15 of Hindu Succession Act unless she makes a bequest or otherwise alienates it during her lifetime.

2. No heir has any right to object the sale. Wife is free to sell it at her whims and fancies as during her lifetime none of her heirs has any share in it.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1)legal heirs can claim share in property as it was bought for benefit of joint family

2)seek injunction restraining sale of property

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

file suit for declaration for the legal heir of your husband and you will get your children share also in your name as they are minor.

then after you can sell the property without consent of others.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

The property which is in the name of wife will remain her property and can not be devided among the legal hairs.

After the death of the husband the wife is the legal hair alone if no children and she is intitled to hold the property even she get marry again

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

if the wife has title document in her name then where is the question of obtaining consent of legal heirs of husband for selling this property!!

let the legal heirs object against the sale on the ground that property was purchased using funds of husband in name of his wife

why you want to invite them from your end by approaching them to give their consents?

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

As it is on wife's name it becomes her self earned property and so no legal heirs can claim anything out of it. She can dispose it off as her per her wish.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Dear Client,

Only child and mother of husband can claim share in property purchased by him in the name of wife from his self earned money.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

No, this would not be considered so, but it would continue to remain in the name of wife and would go to her heirs.

Yes, she is the titleholder, she is free to sell this property without taking any consent from the legal heirs of the husband.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear,

When property is in wife name than after demise of husband, property can't

considered as husband's property for the distribution among legal heirs.

Wife can sell it any time without any consent.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Hi, since the property is in the wife name she is the absolute owner of the property and it will not be distributed among the legal heirs

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. The property stands in the name of the wife.

2. If the property has been purchased after the year 1988, then it will be considered as the property of the wife on which non of the legal heirs of the husband can lay any claim whatsoever.

3. If the property was registered before the year 1988, then the other legal heirs can file a declaratory suit praying for a declaration that the said property was purchased as BENAMI property of the husband who had purchased it in the name of his wife though his wife had no earning of her own for which the said property should be considered as the property of her husband.

4. On receipt of favourable order in the above declaratory suit passed by the Court declaring that the said property is to be considered as the property of the husband, all his regal heirs can lay claim on the said property and not otherwise.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1) Wife is the legal owner of the property and after her all legal heirs will be the owner of the property, if she doesn't make any WILL, GIFTS etc.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Property purchased in name of Wife by Husband would be classified as "stree-dhan" and would be her absolute property for purposes of Sale /Gift /Transfer /Mortgage, Lease, and no other legal heir of deceased person can claim on the Wife's property, in any way, whatsoever.

2. Once the property is purchased in name of wife, THEN husband CANNOT write any Will, Nomination, Gift Deed, Mortgage, etc.... on the Wifes property. The right of the husband and his legal heirs is lost for ever.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

This is my response to you:

1. Wife has whole and sole ownership of the property;

2. The legal heirs of the husband need not be brought on record;

3. The wife can further dispose of the property as how she chooses to.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Even during the lifetime of the husband, this proeprty will be considered as wife's exclusive property.

She is the absolute owner of the proeprty hence she need not take a permission or consent from anyone to sell this property.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Plot purchase may be in cash or bank transfer, no audit trail available. Construction of flats mix of cash and cheques. No gift deed executed. Can any heir raise preemptive objection to block sale of this property without his/her consent? Should it be in legal notice form to Current title holder i.e. wife of the deceased or the objection has to be registered with any authority?

She need not be worried about any objection from any quarter.

She is the absolute owner of the proeprty hence she can sell the same without taking consent from any legal heir of the decesed husband

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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