• Transfer property to wife after husband deceased

My father died in the year 2015 and he got married to first wife and she died in accident leaving 3 daughter when they are minor stage and got married to second wife and had a son and now first wife daughters have filed a case for equal shares. By this mean they married on their own and didn't take any responsible to their father. To whom this property is transferred by law.
Please help me with this. How to transfer a property to deceased wife.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

if the property is self acquired  and there is no will executed then it will get shared equally other wise as per the will

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

if he died intestate (without leaving a will) All of you have an equal share in the fathers property. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

When the suit is pending, it is better all of you file an application for a consent decree before the court, praying for sale of the properties in question and sharing of the proceeds equally.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Since the property belonged to your father and he is also the biological father to his daughters of his first marriage, they are also entitled to an equal share in the properties left behind by him who is reported to have died intestate.

Thus the properties can be divided into fiver equal shares for three daughters of first marriage and one share each to the second wife and the son of the second marriage.

The daughters' share in the property cannot be denied because it is their right.

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Since they are also entitled to a rightful share in the property, your desire or decision to sell or transfer the property during the pendency of suit, it will be considered as an illegal act and you can be sued for contempt of court as well.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

On father demise 3 daughters , second wife , son would have equal one fifth share in property 

 

2) second wife would not be absolute owner of property 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You cannot sell the entire property as you have only one fifth share in property 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. The marriage of daughters does not wipe out their share in the self acquired/separate property of their father if father has died intestate. The property of a Hindu male who dies intestate devolves equally on his mother, widow and children who are Class 1 heirs.

2. The daughters must have sought injunction also during the pendency of the partition suit. If injunction has not been granted by the civil court then you are free to sell the property to the extent of your share therein but not beyond it, however if the property is a dwelling house then buyer cannot get the possession of the house unless the property is partitioned through metes and bounds.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You may claim your share in the property by filing a partition suit as this property has been transferred to your father bye law and is termed as ancestral property and even after the death of your mother your rights and property do not conceals all the siblings even step brother will have equal right in the property that you can get by filing a partition suit in the Civil Court

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

See if there was no will made by father then in that case the property of father shall be equally distributed between all his children from first and second wife , and second wife.

Daughter shall get equal share.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See if you sale property pending the case they may file cancellation of same also you need to check there is stay on transfer or sale or not.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. IF Father had not executed any WILL, THEN "ALL" the living residual legal heirs of Father, shall be EQUALLY entitled to all properties of Father.  Property can be transferred only to living persons and not to deceased persons.

2. IF Partition suit is already filed, THEN suit property CANNOT be sold /purchased /transferred, without the permission of Court.

3. Better to settle amicably and avoid court disputes, since it takes long time and money in legal fees.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Assuming that your father died intestate (without executing a WILL), then his property would devolve equally to the children born out of the first marriage, second wife and child/children born out of the second marriage.

2. In the instant case,  3 daughters, second wife and son, totalling to 5 persons are entitled to equal share in the ratio of 1/5th each.

3. To transfer the entire property in the sole name of wife, all the remaining 4 persons have to execute a registered Release Deed relinquishing their share in the property in favour of wife of the deceased.

4. Since the matter is under subjudice, you can't transfer or sell the property at this stage.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

If your father died without WILL and your mother is alive than father assets will inherit by 1/5th share each. If mother not alive than 1/4th share each.

 

transfer or sell property? - court will cancel it. 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

If the property is self owned or ancestral of father the two wife's will get equal share 50-50% and than distribute to legal heirs accordingly to wife.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Hi 

The father's property will be divisible equally in to five parts 

1) 3 daughters from first marriage 

2) his wife from second marriage 

3) His son from second marriage. 

Succession rights to a property are inherent rights vested on legal heirs. 

You can deny the property rights to  the children from first marriage  ONLY if  the properties vested with the deceased father are ancestral in nature and the children from first marriage  have been legally separated from their father (either through marriage or adoption) prior to 9 September 2005.  

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. As per  Hindu succession act all the daughters and son are legal heirs of deceased father so property will devolve equally among all legal heirs.

2. Property will not be transferred on name of deceased wife.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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