• Transfer of property to wife after death of husband

My uncle has expired last year leaving behind his wife (no son or daughter). We would like to have a hassle free transfer of all his bank accounts, investments and other movable & non-movable properties (land & residential property; jointly held with his brothers without partition). They are from a municipal corporation area in Howrah district, West Bengal. Please advise path forward indicating associated expenses.
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

Hi

File for sucession Certificate mentioning all the properties. 

Get the succession Certificate and she can easily get everything. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Apply for letters of administration from district court in name of your aunt 

 

2) enclose death certificate of deceased uncle 

 

3) schedule of movable and immovable properties 

Ajay Sethi
Advocate, Mumbai
99932 Answers
8158 Consultations

Uncle all assets will inherit by his wife. For bank accounts, investments and other movable can transfer to her by mere delivery.

And for land & residential property, partition deed will execute and registered at sub registrar office. Oral partition is also valid.

Do oral partition. 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If he has will then through the same the property can be transfered. Otherwise you need to give death certificate and do the needful. In some cases you require succession certificate from court

Prashant Nayak
Advocate, Mumbai
34630 Answers
249 Consultations

See mutation of the properties can be done in her favor by applying for same before the municipal authorities. For the bank account she can file an affidavit and Legal heir certificate with bank. She can obtain a legal heir certificate from Tehsildar/Mamlatdar and can using same transfer the movable assets in her name.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

- Since , your uncle has died without making a will, then his assets and property will be distributed according to the Hindu Succession Act , and the property is transferred to the legal heirs of the deceased, i,e. his wife only.

- If she is a nominee in the bank accounts of her husband , then she will get the same after submitting death certificate , including her details. 

- If not made nominee , then she will have to apply for administrative bond in the court , to get the amount of bank and other assets.

- Further, after the death of her husband , she become the owner of the property left by her husband.

- The easiest way to get mutation in her name , after submitting death certificate and affidavits before the Municipal corporation . 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

1. Your aunt is the only Class 1 heir of her deceased husband, hence she has succeeded absolutely to all the movable and immovable assets of her husband on latter's demise.

2. She should apply for mutation for immovable properties.

3. So far as investments are concerned, if your aunt has been nominated as a nominee for those investments then she can redeem it, else she will require Succession Certificate from the competent court to realise the liquid properties,

Ashish Davessar
Advocate, Jaipur
30843 Answers
981 Consultations

Your aunt has to file an application i.e., "Letter of Administration" before concerned District Court accompanied with death certificate of her husband.

Append the details of Movable and Immovable properties.

The expenses involved cannot be quantified, it varies based on Advocate's experience etc.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

apply for mutation of property in your aunt name.

enclose uncle death certificate.

File an petition for Succession Certificate.

Mohammed Mujeeb
Advocate, Hyderabad
19359 Answers
32 Consultations

1. For transferring his movable properties in favour of his wife like bank deposits, a succession certificate shall have to be applied for and availed by his wife if the said properties/accounts are not in joint names or she has not been kept as nominee for the said accounts.

 

2. In case of immovable properties jointly held by your deceased Uncle with his brothers, she can muuate her name in place of her deceased husband as the joint holder of the said properties   if she does not want any partition deed to be registered.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

She can draw a registered partition deed with amicable solution among the other shareholders with boundaries properly demarcated. 

T Kalaiselvan
Advocate, Vellore
90133 Answers
2504 Consultations

For money and shares etc. File a succession suit and obtain a succession certificate.

For immovable property file a declaratory suit.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Apply for legal heir certificate of your uncle from revenue office for transfer of immovable assets of your uncle to name of his wife. 

2. Apply Succession certificate from Court if name of nominee is not mentioned in the accounts of your uncle and

3. if nominee name is mentioned in his accounts then nominee can apply for transfer of funds on his or her name. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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