Respected sir, We are Hindus, My Wife Died and we have no children's, after 10 months of my wife death, my wife's Parents(in-laws) both father and mother died, Now my wife have one sister alive, How i can get my wife's share of property both Movable and Immovable property, in 10 months gap if my wife's parent's(in-laws) have done some transaction of my wife's property share without consenting me(husband) is it valid, assuming if my wife's parents have done some property transaction of my wife's property, how to nullify it, kindly help me. what procedure i should follow legally to get my wife's share of property, Kindly help me. Waiting for your positive respond.
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Do you have the history /mutation papers of all movable and immovable property of your wife's.
Whether the all your wife's property was self earned or ancestral or parents earned property.
You can claim in your wife's property only in self earned and ancestral share, for parents self earned you can't claim.
For this you have to produce legal heirs ship and update your name in the revenue department office and bank account it any are there on your wife's name.
1. If wife has no children born out of her marriage then her husband can't inherit any if her property.
2. In such circumstances her siblings will inherit the property of your wife.
3. To deal with the property of your parents in law they did not require your permission or need consent of your wife.
Wife property ? Self acquired or inheirted ?
In inherited property, you have no right bu only in self acquired property.
Do you have detail of properties and transaction done by her parents ?
Kindly clarify whether your wife died intestate or left any will
2) if she died intestate apply for letters of administration from district court
3) notice would be issued to her sister
4)if no objections are received court would issue LA your favour
1. If your wife's death was an intestate ( without executing a WILL ) death and if she owned any movable and immovable properties, then apply for Encumbrance Certificate for the immovable properties which was her self acquired properties. The EC will reflect the transaction, if at all done.
2. You can meet your sister-in-law (your wife's sister) and find out the current status of your wife's movable and immovable properties.
you can seek your wife share if any in the said property. you can claim the same. if not given you need to go for partition suit in the said matter
You first send them legal notice and seek your share. If not given then you have only remedy to file partition suit in civi court for the same
1. Your late Wife and her Sister are entitled to EQUAL share in their Parent's property, PROVIDED the Parents did not execute any WILL.
2. IF WILL was executed by Parents THEN property will be distributed as per terms of their WILL.
3. While Parents were alive, BOTH the daughter have no inherent legal right to claim any property of Parents and Parents are legally entitled to Sell /Gift /Donate /Transfer /Mortgage /Whatever.... with their property without any legal reference to the claims of their daughters.
4. You as Husband and Children are legally entitled to stake claim on your Wife's Share in intestate In-Laws property and for this maybe you will be required to file a Suit in the local Civil Court, by making the Wife's sister as party.
First identify the property and then basing on the actions if already done you have to take further steps.
As on the date of death of your wife if there is any property fell to her share ...no one can take it..even if they do anything it will not be valid. You can institute a suit for partition and get the share of property fell to her.
- As per law, after the death of your wife intestate , her property and assets would be devolved upon you only, as you have not child, and none has right to claim .
- Hence, the transaction by her parents in law against the law , and you can claim over the same.
- You should file a petition for getting Succession Certificate from the court of District Judge.
File a declaration suit for declaring the ownership of the property
if your wife died intestate you have to apply for succession certificate from district court. contact local advocate for more precise guidance.
1. Your wife's property or her share in any property has devolved through intestate succession on you and your children equally.
2. You can file a suit for partition to cull out the separate possession of your share in her property.
3. If any property of your wife has been sold by her parents then you can challenge the sale deed and seek a declaration of it being void in the civil court.
What kind of property?
Please specify to answer your questions lawfully and admissible under the law.
If your wife died intestate than she and her sister are entitled to equal share in her parents properties and you are entitled to your wife's share. Obtain EC of the properties of your In-Laws, if any transaction is done by them, below procedure needs to be followed.
If your in-laws bequeathed / transferred the property in their younger daughter ignoring your wife, then you need to make an application before district court through letter of administration, notices will be sent to her sister and procedure follows.
1. You need to file suit for cancellation of sale of property of your wife after her death by her parents without your consent.
2. You also need to file partition suit for claiming your share from properties of your wife as her legal heir.
3. The suit should be filed against legal representatives of parents of your wife.
You are the legal heir of your deceased wife.
You are the only authority to receive all the properties left behind by your deceased wife.
If at all they have done any fraudulent transaction to usurp her properties, then you can approach court to cancel all those transactions and for possession of the properties left behind by your deceased wife.
Consult a local advocate and proceed legally.
The property of your wife belongs to you. If her parents did some transactions they are illegal and invalid. File a suit for cancellation of sale deed if they sold her property.
You need to file a n application for letters of administration .
Regards
Respected sir, Sir, Thank you for answering my previous question, My wife had property in her name, assuming before her death if she had written the will to her parents(since my wife's Sister is simple saying that my wife as written will) , and now my wife's parents also dead, now only alive is my wife's sister, now how to claim my wife's property legally. my wife's parents have not written any will. what procedure i should follow legally to get my wife's share of property, Kindly help me. Waiting for your positive respond.
Apply for letters of administration in district court as your wife died intestate
If at all your deceased wife had bequeathed her property to her mother, then upon the death of the beneficiary, the property shall devolve on the legal heirs of the deceased beneficiary.
In that case besides your sister in law, your deceased wife is also entitled for a share in that property which shall devolve on you and your children.
However you file a partition suit claiming your wife's share in the property.
You can file suit for partition and claim your share.
If not written any will and their is no consensus between all legal heirs then approaching the court by filing suit is only remedy