How do I know the list of properties(mostly empty lands) which are in my husband's name who passed away recently with a heart attack at 42 years of age in the USA? I and My husband both are Indian passport holders.Those properties are hard earned by husband after our marriage and NOT the inherited property. I do know in which city he has bought those properties but I do not know the specifics like ward number/survey number or plot no. I do not have the original papers with me and I believe those are in my husband's brother possession or his mom's possession. How do I get to know the list of properties and transfer it to my name for my future and kids future? Is there a way I can request sub register office to check all the properties with my husband's name (Not sure if this is a viable option)? Or Please let me know any other procedure to have those properties transferred to my name. I do have my husband's death certificate issued in the USA. I am sure the process may not be simple to know the properties list. Please guide and help.
1) take search in sub registrar office where properties are situated
2) you can obtain certified copy of sale deeds from sub registrar office in cites where properties are located
3) then apply for mutation of properties in your name , mother in law names and kids names
Dear Client,
you need to engage a lawyer from the area/city/state where you think property/properties is/are located. once he/she will get POA and Death Certificate of your deceased husband he definitely can prove to be a big help (financial) for you and kids as well.
Also clarify the below line of your query
" I do know in which city he has bought those properties but I do not know the specifics like ward number/survey number or plot no."
pls clarify whether you know the city or not?
for further info you can call/mail me.
1.Without having any idea it is very difficult to unearth the details of the immovable properties your husband acquired.
2.Searching of registration offices may yield to some result but again it depends on the city where the proeprty is situated.
3. If you are expecting such properties to be situated in USA then you will have to take help of American legal professional.
4. You can talk to your mother in law on this issue and make a mild warning of legal proceeding if she does not disclose all the informations.
5. You may know that on death of your husband both you, your mother in law and children if any jointly inherit all his properties in equal share.
Hi,
From your query, it is not clear that whether you husband has written any bill nor not? In absence of any will, the properties are liable to go in your hand, if purchased by your husband on his name. Though it is difficult to trace, but the work is not impossible and the location etc. can be obtained from the registrar's office.
Unless the owner reveals, it will be difficult to get the list of properties in their name. However, you can approach middlemen to get the complete details and thereupon pursue legal option. Don't wait too long as you may be ineligible to get legal remedy.
1. The first important point to be noted is that your husband has acquired the property which is comes under the category of SELF ACQUIRED PROPERTY and NOT ANCESTRAL PROPERTY. This confirms that only you and your children shall inherit the property upon production of relevant and proper documents wherever situated in India after complying with laid down procedures and guidelines. Even if some persons connected with your husband’s family tries to create confusion and makes a claim own the same, their claims shall be rejected because the very fact that “ it is self acquired property of your husband” and no other blood relationship in their family other than you and your children only shall inherit and shall become the successors for the same
2. Presently in India in some of the cities computerization of the revenue / land records has been completed and that just based on document numbers further process and investigation can be undertaken. Alternatively you can also request your husband’s mother or brother to return whatever original documents they have in their possession or send Xerox copies /scanned copies of the documents to you so that needful can be done.
3. Procedure shall be informed to you – I am advocate practicing in Bangalore,
1. If you know the city in which the properties are located then the only way to find those out is to conduct a title search in the office of sub-registrar. This has to be done manually and you require a lawyer to do this. It is a time consuming affair but if the exercise is done diligently then it will bear fruit.
2. If your husband died intestate then all his properties have devolved on his Class 1 heirs i.e mother, widow and children equally.
You need to conduct a title verification process through a lawyer with the details available of the property. I can assure you that possession of original deed by your in-laws couldn't harm your interest on the property.
Yes, you can get the details of property named on your husband as most of sub registrars offices are computerised now, and those which are not, you can ask the staff for searching the register no. 1 of Sun registrar office of the year in which probably property was bought by him.
One more thing I would like to add that your mother in law and father in law (if alive) have the share in his property, hence you shall have to go through the partition process, if they do not agree for a partition by the way of mutual consent, you may move a partition petition before the competent court of the city in which property is situated.
Something can be done if you know in which year so and months the properties were purchased along with locations
Hi mam, it is impossible to obtain the list of properties , in the entire country when you specifically do not have knowledge about thier location ... If you can obtain photocopy of documents from your in-laws , you shall be able to proceed further
Dear Client,
In which city, properties are situated.
Find local advocate, reliable.
He will do all the exercise. or find contact in sub registrar office.
Please file a police compliant in the area of native place of your husband where his mother and brother are staying stating that they have illegally got the possessions of the personal belongings of yours and your deceased husband. You have the first right over such assets so you may move accordingly.
Feel free to write @
You can take the help of an advocate who is in the knowledge of the procedures followed in the registrar's office in tracing of title issues.
He can extract the details after spending some extra money in the offices of the registrar across the city.
You may engage the services of such an advocate who will be able to help you out on his terms.
Please remember that your mother in law is one of the class I legal heirs to your deceased husband hence she cannot be denied her share in the property left behind by your husband.
Hello,
You are informed that there is no centralized system in India by means of which you will come to know about the details of all the properties that were there in the name of your husband.
If you know the city, then you may engage a local lawyer who can then manually peruse the documents, also you will have to tell the concerned person the year in which the property was bought.
If the husband has passed away inestate then the property will be divided as per the succession act and you will not get the sole title of the entire property which was bought by your husband.
Regards
