On husband demise his wife ,children and mother are class 1 legal heirs having equal share in land
you need the consent of your mother in law to carry out mutation of land in your name and your children
Husband bought land, husband is now deceased
Husband (UK resident) officially bought family land, husband is now deceased. Wife (UK resident) has the paperwork wants the land in her name, but husband’s family who live in India and use the land are refusing the claim. What happens if somebody is given a notice of stay on a piece of land? What is the best way to get the land put into her name? Both husband and wife reside in the UK and both have OCIs.
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
if the person died without any will then his property will be divided according to the schedule 1 of hindu succession act.
1. Assuming that the husband died intestAte ( without executing WILL), then the deceased person's movable and immovable properties devolve equally to his mother , if alive), his wife and children.
2. In case the deceased person's mother ( your mother-in-law) is alive and if she relinquishes her individual share in your favour by getting the Relinquishment Deed registered in the jurisdictional Sub Registrar's Office in India, then the property could be in your name.
3. Send a legal notice to your husband's relatives in India for getting the property in your name.
4. Since the deceased person's wife is in U.K., she can appoint someone to represent her in India by means of POA.
The property left behind by the husband upon his intestate death, shall devolve equally on his wife, children and mother (if living).
The husband's extended family other than his mother cannot claim any share in that property as a right besides his wife and children.
Therefore the wife and children can apply for mutation of revenue records to their name on the basis of the legal heir ship certificate, by producing the death certificate as well as the copies of the registered deed to show that the properties were on the husband's name.
Even though she is an OCI, she can very well inherit the property along with her children and can get the property records transferred to her name and her children name as well as her mother in law's name.
She can visit India once and get all the formalities completed before returning.
If some unauthorised people are occupying and refuse to leave or to allow them into the property, she can lodge a criminal complaint against them with the local police station for the offences of land grabbing and get them evicted.
The wife if Alive and not divorced will be the heir for the land if not then other legal heirs can claim it
Dear client,
In order to transfer the ownership of the land from the deceased husband to his wife, it will be necessary to follow the legal process of probate. Probate is the legal process of administering the estate of a deceased person, which includes transferring ownership of any property they owned at the time of their death.
Assuming the land was owned solely by the husband, the wife will need to apply for probate in the UK. This involves obtaining a grant of probate from the UK court, which will give the wife the legal authority to deal with her husband's estate, including transferring ownership of the land.
Once the grant of probate has been obtained, the wife can then transfer the ownership of the land into her name. If the husband's family members in India are refusing to cooperate with the transfer, the wife may need to seek legal advice to enforce her rights. She may need to take legal action to remove any occupants from the land who are refusing to leave, and/or seek a court order to transfer the ownership of the land to her name.
Regarding the notice of stay on the land, it is not clear what this refers to. If the husband's family members have filed any legal claims on the land, the wife should seek legal advice to understand her rights and obligations in relation to those claims.
- As per law, after the demise of husband intestate, his property would be devolved upon his legal heirs equally i.e. his wife and children can claim the same , and none having right to claim over that property.
- Further, if the husbands family is using the same and not ready to vacate the same , then the wife can send a legal notice to them for giving possession to wife.
- Further , if no positive response, then she can file a suit for Mandatory Injunction before the court for vacating and getting the peaceful possession from them.
- Further, if wife is residing UK , then she can give POA to any relative to engage a lawyer and contest the case on her behalf.
