On demise of husband his mother , wife , children are the legal heirs
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?
Does any legal heir/heirs take objection or what is further procedure?
What will be procedure to transfer the property is wife's name?
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.
Yes objection can be raised by other legal heirs and may claim share on the share of the husband property.
Regards
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.
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
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.
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.
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.
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.
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.
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.
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
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
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
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.