Hi, Husband has died and wife wants to transfer flat in her name. She is coborrower in loan on the property but her name is not on the flat. Due to this she is paying loan but property is not in her name. Further the Building is new and the OC has not yet come. Society has also not been formed. Builder is managing the society.
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On husband demise intestate his mother ,wife and children are legal heirs
apply for letters of administration from Bombay high court
enclose husband death certificate,schedule of property
consent affidavit of other legal heirs
it takes around 6 months to obtain letters of administration
she will have to apply for an heirship certificate
the builder will not transfer the flat to her sole name without the heirship certificate
Dear Client,
The wife must obtain a no-obligation certificate from the other legal heirs to get complete power over the intestate property, although she is a legal heir.
She would also require to obtain a Letter of Administration from the competent court and thereby, attach the death certificate of the husband and the schedule of the property to it.
Thank you.
1. Assuming that the husband died intestate ( without executing a WILL ), the property devolves equally to the deceased person's mother, wife and children.
2. As per your narration, it appears that the couple had no issues. Then the property devolves equally to the deceased person's mother and wife.
3. If the mother voluntarily executes a registered Release Deed in favour of her daughter-in-law, relinquishing her share, then the wife of the deceased person becomes absolute owner of the property.
4. The wife has to apply in the jurisdictional Corporation/Municipality for transfer of her deceased husband's property by enclosing copies of death certificate of her husband, legal Heirship Certificate, Release Deed executed by mother-in-law ( if any ) and the mutation of the property will be effected in the wife's name in revenue records.
Hello,
If the husband has died without leaving any Will, intestate succession will apply. In which case, the Class-I legal heirs will be the wife, the mother and the children. All the other legal heirs have to give a written consent to the builder to register the property in the wife's name. As the property is mortgaged for the loan, the financing institution also has to agree to it.
If the house has been registered on the name of her husband, then she along with the other legal heirs of her deceased husband shall become co-sharers of the property.
The other shareholders have to execute a registered release deed in her favor in order to enable her to become an absolute owner of the entire property with clear title to her name.
- Since the said property is in the name of deceased husband , then after his death , said property would be devolved upon all legal heirs equally i.e. wife and children and his mother if alive.
- She can apply for getting legal heir after submitting the death certificate and property papers , and further after taking the release deed from other legal heirs , the property can be transferred in her name by way of mutation.
Dear Madam,
First make sure whether wife is exclusively entitled for such entire property then approach concerned local authorities and get it transferred.
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Section 8 of Hindu Succession Act:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
If she is only legal heir of husband then she can. If mother of husband is alive they will also have share including children if husband died without will.
