• Transfer of name in joint holder

When husband's name is first and joint holder is wife in a property, can property be transferred in wife's name if husband is deceased?
Asked 7 years ago in Property Law
Religion: Hindu

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22 Answers

On demise of husband his mother , wife , children are the legal heirs 

 

 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

Other legal heirs have equal share in property 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

who is the other legal heir?

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. If husband died intestate i,e without making a will then his share devolves, firstly, on his Class 1 heirs i.e his widow, mother and children. 

2. So only and only if wife is the sole surviving Class 1 heir husband then the property would  devolve absolutely on her.

3. The heir or heirs, as the case may, should apply for mutation of inheritance.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Yes objection can be raised by other legal heirs and may claim share on the share of the husband property.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Wife is not the only legal heir to the husband, and hence, the husband's one half share in this property will pass on to wife along with the other legal heirs, which includes the sons, daughters and mother of the deceased husband. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If you have children or a mother-in-law, the entire property cannot be transferred in your name. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

All the legal heirs will have to relinquish their share in the property 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If husband deceased all legal heirs should release their share through relinquishment deed in favour of one legal heir. 

Example:  wife husband one daughter and one son. 

Husband died  then daughter and son should release their share through relinquishment deed.. 

the said deed must be systematically executed and registered as per Section 17 of the Registration Act, 1908

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate.

After making enquiries, the Tehasildar will issue the legal heir certificate.

On the basis of the said legal heir certificate, the legal heirs have to approach the Authorities for mutation of the property in their name.

However, you want that the property should be registered in wife name. For this, all the other legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares in the property in favour of wife. The Relinquishment Deed will involve very small stamp duty and registration fee.

 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

Dear Sir/Madam.

You have to get formal NOC from other legal heirs of your deceased husband.  Produce death certificate NOC and legal heir certificate to the concerned khata transfer authority they will transfer the khatha after collecting some fees.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Ye it can be transferred.

Prashant Nayak
Advocate, Mumbai
34599 Answers
249 Consultations

The share will be transferred as per succession to the legal heirs of the husband.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See if wife want to transfer it completely in her name then other legal heirs has to give NOC and relinquishment deed in her favour.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Other legal heirs has to transfer their share through registered relinquishment deed.The mother and child if any shall be legal heirs of the husband.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1,  IF other residual legal heirs of the deceased have no objections, THEN the deceased's property can be transferred in the Wife's name, PROVIDED everybody else gives their Relinquishment Deed in favor of the Wife.

 

2.  IF above is not possible, THEN wife has to apply for Succession Certificate, to the local civil court.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If the wife is a joint owner of the property then she will be entitled to her share in her husband's share in the property besides other legal heirs who have rights over it.

Her  half share will remain with her to which she will be the absolute owner.

 

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

The other legal heirs are entitled to an equal share in the share of her husband, but she can also claim her own share  out of her husband's share in the property

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

The Other shareholders, i.e., the other legal heirs of her husband have to execute a registered release deed relinquishing their rights in her favor after which she will become the absolute owner of the entire property

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

The wife is a joint holder in the property. Therefore the property belonged to both the husband and the wife. After the death of the husband the wife is the sole owner of the property.the property automatically gets transferred in her name.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Who is survived after husband ? Children, his mother ?

If yes than property will inherit in all equally and to make her absolute owner, released deed will execute in her favor.

If wife alone than she is sole owner.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Depends legal heirs. if they had children, then father shares gets divide, so it cant transfer. If other legal heirs are ready give their right to mother, then it can be done.

All the other legal heir also give their consent in the registration transfer document. 

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

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