• If my husband dies and we have no children, would like to know next steps

My Aunts Husband passed away, now what are the to do list (she has no children) so that she can close out all finacial acccounts, insurance, tax etc? I just want to know what are checklist that we need to have and how much time we have to close out these matters? What are implications when not done in time.
Asked 3 years ago in Property Law
Religion: Christian

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13 Answers

Kindly clarify whether husband had executed any will bequeathing property to his wife 

 

2) if so apply for mutation of property in wife name enclose death certificate, copy of his will , latest receipt of payment of property taxes 

 

3) if no objections are received property would be mutated in wife name 

 

4) she should contact her CA file his income tax returns

 

5) if husband dies intestate then under provisions of Indian succession act ,If no lineal descendants have been left but other kindred are alive, one-half of the estate passes to the widow and the rest to the kindred. And if no kindred are left either, the whole of the estate shall belong to his widow.

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

Your aunt's husband has passed away and she has no children. She must be the nominee in various financial instruments ie FD/shares/bank accounts. Therefore she'll have no difficulty at all.

Land/flat/house mutation has to be done in municipal corporation/tehsil in case of agricultural land. The sooner the better. No limitation period.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. Obtain husband's death certificate from the jurisdictional BBMP/Municipal Office.

2.  If he was a government servant, obtain legal heirship certificate.

3.  Submit pension claim application to his office, where he worked last.

4.   If he had insured/had taken a LIC Policy, submit the same to the concerned office for claiming insurance amount.

5.  Based on her husband's death certificate, she can get the proceeds in her deceased husband's Bank account, FDs, etc.

6.  There's no time bar to do these things. However if it's done early, the sooner she gets the benefits.

Shashidhar S. Sastry
Advocate, Bangalore
5115 Answers
314 Consultations

5.0 on 5.0

1. If her husband passed away intestate and issueless then all his properties devolved through intestate succession on his Class 1 heirs (widow and mother).

2. She should apply for mutation on the basis of death certificate of her husband.

3. Movable assets can be realised by her if she has been nominated. However, where no nomination has been done she would have to apply for Succession Certificate by filing petition in the competent court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Only Insurance is urgent in nature, rest all things can wait. There is no time limit.

 

- There are lot of things which you had to include in question - WILL was made ? Government Job ?

 

- If WILL was made then probate it.

 

- If there is no WILL then all legal heirs have share as per succession Act.

 

- If There is nominee mentioned then nominee have to collect and distribute to all legal heirs.
Nominee does not mean that nominee will get it.

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

Dear Concerned,

Following are the list of documents that may be required to close the existing financials of the deceased husband:

- Copies of the Death Certificate of the deceased husband.

- Legal Heirship Certificate (the same can be applied and obtained from the local municipal corporation of the concerned department).

- in certain cases, a Succession Certificate will be required which is applied and obtained through the District Judge Court of the Area.

- The Claimant needs to obtain or furnish a document that the person is a known relative to the deceased and the claim so made is a genuine one.

Regards

Arun V S
Advocate, Jaipur
64 Answers

4.0 on 5.0

Dear Sir,

If her husband, check whether parents of the deceased or alive and whether this widow it the widow. She has to comply the guidelines of bankers to withdraw the amount. Get death certificate and family tree to convince the bankers and get transfer the properties in her name. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

If she's the only surviving legal heir, then she must obtain the succession/legal heirship certificate in her name.

On the strength of the above certificate, she would be able to inherit all the movable and immovable assets left behind by her husband by making application before all the requisite stakeholders.  

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

If the husband is reported to have died intestate then the properties including the movable and immovable assets of the deceased shall devolve on his legal heirs. 

Despite these variations, the overall law for Indian Christians in effect is Indian Succession Act of 1925. Laws of Succession applicable to Christians for the intestate the governing law is the Indian Succession Act, 1925 specifically under Section 31 to 49 of the Act.

This Act recognizes three types of heirs for Christians:-
1. Spouse
2. Lineal Descendants
3. Kindred

 

Intestate Succession among Indian Christians: Section 30 of the Indian Succession Act, 1925 defines Intestate Succession thus, a person is deemed to die intestate in respect of all property of which he has not made a testamentary dispossession which is capable of taking effect.

The Succession Act contemplates only those relations that arise from a lawful marriage. Where an intestate has left a widow and if he has left lineal descendants, i.e., Children and Children’s Children, 1/3rd of his property shall belong to the widow, and the
remaining two third shall go to the lineal descendants.

If the intestate has no lineal descendants, but has left persons who are of kindred to him, half of his property shall belong to the widow and the other half shall go to those who are of kindred to him.

The term “Kindred” means, relations by blood through a lawful marriage.

Therefore you first obtain a legal heirship certificate from the revenue department.

After that you give an application to mutate his immovable properties to your name and also for settlement of the movable assets in banks or insurance companies on the basis of the legal heirship certificate. 

The time taken to complete this task and the cost involved are practical and incidental hence you may first initiate the steps  as per procedures of law. 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

Dear Maam/Sir,

1) You will have to determine whether the husband had executed any WILL.

2) If no will had been executed, the wife would have been named as nominee in all bank accounts, insurance etc you can go to the same submit the required documents and claim the benefits as nominee. The nominee can approach the bank with the death certificate of the deceased and his / her proof of identity to be authenticated. She won't have any issues with the same.

3) With respect to property the same will have to be mutated in the name of the wife/Aunt, to get the govt registry updated, there is no time limit for the same, the sooner you get the same done the better. As mutation is need of the aunt wants to sell property etc.

Thank you

Anik Miu
Advocate, Bangalore
8872 Answers
110 Consultations

4.7 on 5.0

  1. Aunt will inherit the property of husband with other legal heirs of his if there are any.
  2. If she is named nominee in the bank accounts insurance policy, she can withdraw the deposits and claim the insurance, she will straight will get it.
  3. If she is not named nominee, she has to obtain succession certificate from district Court and collect the same from bank insurance company.  

 

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

- As per law, after the death of your husband intestate , his property would be devolved upon all legal heirs 

- Since, there is no children , then the property and assets can be claimed by his wife . 

- She can claim the assets after filing death certificate including other proofs of her husband and herself 

- Further, with the same documents she can apply for mutation of the property as well. 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

1. She might be the joint account holder or nominee in all the Bank accounts and/or other financial investments.

 

2. Her first step will now be to collect the death certificate of her deceased husband and legal heir certificate and close all the accounts standing in the name of her deceased husband and transfer the amounts kept therein to the account opened in her sole name.

 

3. For the above purpose, she shall have to first list out the details of the moveable properties standing in the named of her deceased husband to take the steps as mentioned above.

 

4. Finally she shall have to mutate her name in all Municipal and land revenue records in place of her deceased husband.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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