My late wife died without any will recently as Cancer mutated and became very aggressive and stage 4 but despite best regular screening and efforts could not be saved. Her father died a couple of months before without a will and ancestral land and house in Goa and flat in Mumbai. Her Mother and Brother were pressing her to sign gift deed for giving her rights to her brother. The land is being put on market for sale. Can as a husband along-with our 18 year old son inherit my late wife share of the ancestral property and demand property partition .
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As a deceased Husband of my late wife and our only son how do i inherit my wife flats share in my name avoiding my son's name as he will be my nominee , i do not want him to be owner so to protect him from any matrimonial dispute till his marriage setlles down.
As a deceased Husband whose wife has died without will what is to be done to declare myself as the class 1 heir . what is succession certificate or legal heir certificate and where do i go about for this and time range and expenses.
in case of late wife giving up ancestral property in favour of brother or mother is it necessary to obtain NOC from late wife husband or son.
Can as a husband widower of my late wife does any inheritance from my late wife ancestral or self acquired assets be affected.
You need to calm down
You and your son would be the class 1 heirs of your late wife
So you can demand partition
As your wife is no more and her share has devolved on you and your son, the other heirs will have to take your noc before selling the ancestral property
You cannot stop the inheritance of the son merely because you would be making him your nominee. He inherits equal share with you
Since your wife died intestate (without a will), her rights in her father’s property became part of her estate and now pass to her legal heirs, i.e., your wife being one of the three legal heirs to her deceased father, she is entitled to one third share out of the properties left behind by her deceased father, now upon her intestate death, her share in her father's properties shall devolve equally on her own legal heirs i.e., her children and husband.
Therefore you and your son can very well claim your wife's share in the property with separate possession or by an amicable partition, if they refuse then you can file a suit for partition before a competent civil court for relief.
Your son is also one of the legal heirs to your deceased wife, hence you cannot ignore him even if he is minor by age, therefore you cannot legally take your deceased wife’s entire share only in your name by excluding your son, even if your intention is to “protect” him. As a guardian to your minor child, you are just a caretaker to his property till he attains majority.
If you are so much worried about your son's matrimonial disputes and to protect the property, you can ask him to execute a registered release deed to relinquish his rights, after acquiring it, in your favor which you can transfer to him at a later stage.
You obtain a legal heirship certificate from the revenue department clearly mentioning the names of all the legal heirs of your wife as per Hindu Succession Act by producing the death certificate and an application requesting the same, the costs can be inquired locally.
1) Under the Hindu Succession (Amendment) Act 2005, your wife had equal coparcenary rights to her father's ancestral property (land/house in Goa and flat in Mumbai) as her brother, regardless of when she was born.
2) Because your wife died intestate and left behind children (18-year-old son) and a husband, her share of the ancestral property passes directly to you and your son under Section 15(1)(a) of the Hindu Succession Act.
3) Her mother and brother cannot force her, nor her heirs (you and your son), to sign away rights via a gift deed.
4) Since your wife was a co-owner, the ancestral property cannot be legally sold without the consent of all legal heirs, which now includes you and your son. You should immediately notify the buyers or the relevant authorities in Goa/Mumbai that the title is disputed and a partition suit is being filed.
5) As her legal heirs, you and your son should apply for mutation of records in the revenue department (for the Goa land) and the society records (for the Mumbai flat) to include your names.
If your deceased wife had already relinquished her rights in your father's property by executing a registere3d release deed, then her husband or children cannot claim any share in it as a right. Also, she do not have to obtain NOC from her husband or children to relinquish her rights in the property
Legal heir certicate or succession certifcate has to be obtained from bombay high court
You as the husband of your deceased wife is having rights to acquire/inherit the properties to which your deceased wife had rights before her death or that may accrue as her rightful share after her death, remember you are one of the class I legal heirs to your deceased wife along with your children hence whatever you acquire from your deceased wife's estates are your rights as one of the successors in interest to your deceased wife to succeed to her estates.
Therefore do not carry with you your imaginary fears or any kind of apprehensions that may affect your thoughts.
If she died intestate, her husband and children inherit these assets in equal shares as Class I heirs.