Mother in law can execute registered relinquishment deed to relinquish her share in property
you can apply for mutation of property in name of other legal heirs
legal heir certificate may not necessary unless insisted upon by authorities
Hi, My (late) father-in-law had two properties registered in his name and he didn't have any will, my mother-in-law is a foreigner and not an Indian citizen, but she is here with us for short time and she is fine to get those properties registered/transferred to her daughters (My wife and to my sister-in-law) respectively. Shall I go and raise the legal heir certificate only for the Indian citizen daughters and get the land transferred or do I need to include my foreign mother-in-law in the legal heir? If so what is the procedure for involving her in our legal heir process, as she carries only their marriage certificate from a foreign country?
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Mother in law can execute registered relinquishment deed to relinquish her share in property
you can apply for mutation of property in name of other legal heirs
legal heir certificate may not necessary unless insisted upon by authorities
Widow is class one legal heir of deceased husband with daughters. Basing of marriage certificate she entitled to be included in legal certificate. Nationality will not affect her right as widow. Legal heir certificate is issued by Tahasildar in Tamil Nadu, application for such certificate can also be submitted online on Tamil Nadu State Government website and physical verification offline by revenue officials. This is the link.
https://services.india.gov.in/service/detail/apply-for-legal-heirship-certificate-in-tamil-nadu-
- As per law, after the demise of your father in law , his property would be devolved upon his wife , and two daughters equally i.e. everybody will get 1/3rd share in the property.
- Further, even his wife is a foreigner , she is entitled to get share in the property of husband
- However, she can execute a relinquishment deed in favor of her daughters for releasing her share.
- Legal heir certificate may not a requirement for getting share in the property
- Further, your wife and her sister can apply for mutation for naming the property in their respective name.
Dear Client,
A Non-Resident Indian or a Foreign national such as UK, US or Canadian citizens can inherit the property in India from anyone including their relatives. So it is advisable to include your mother-in-law as the legal heir.
Hope this clarifies your query and requirement.
Thank you.
Your mother in law whether an Indian or foreign citizen, is still a legal heir/successor in interest to succeed to the estates left by her husband who is reported to have died intestate, hence you may have to obtain a legal heirship certificate by including her name too.
The marriage certificate to prove her marriage with her husband would be sufficient to prove her relationship with her deceased husband.
Yes you can get the legal heir certificate for all heirs of the said property if property is from India
After the intestate death of your father-in-law, his estate devolved equally upon all his legal heirs, your mother-in-law, your sister-in-law and your wife, by automatic succession. Your mother-in-law cannot be excluded as a legal heir. She has to execute and register a deed of relinquishment surrendering her one-third undivided share in your father-in-law's estate in favour of her two daughters.