Hello, 1. My father bought a 700 sq. feet apartment in 1995 in Maharashtra. He added my elder brother's name also in the agreement. So the property documents have my father and my elder brothers name as owner of apartment. 2. Brother got married in 2011 and his daughter was born in 2012. 3. Brother passed away in 2018 due to heart attack. (He had not made any will). 4. Sister in law got remarried in 2021 and the daughter is also staying with current husband. And the fathers name has been changed to the current husband of my ex- sister in law. 5. Our religion is Hindu I would like to know: 1. Does my ex- sister in law have a share in the apartment? 2. Does my niece have a share in the apartment? 3. What are the necessary steps to be taken and how much time will it take to: a: Remove my Late brothers name and Transfer the title in only my fathers name (Father is 79 years old now) b: Remove my Late brothers and my Fathers name and Transfer the title in my name
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On brothers demise his 50 per cent share Would devolve on his wife and daughter
2) your sister-in-law and the niece can execute a relinquishment deed to relinquish their share in the property
3) Your father can then execute or gift deed to transfer the property in your name
Your brother had an equal share in the property along with your father.
Now upon his intestate death your sister in law and her child are entitled to your deceased brother's share in the property.
If your niece is major by age then they both can execute a registered release deed after which year father can transfer the entire property to your name by executing a registered settlement deed in your favour.
your brother died in the year 2018
so succession opened in 2018
thus in 2018 your ex sister in law was the widow of your brother
thus your ex sister in law, the daughter and if your mother was alive, all would take an equal share in your brother's estate
as your sister in law re-married in 2021, she and her daughter both are entitled to claim share in your brother's estate
they would be his class 1 legal heirs under schedule 1 to the Hindu Succession Act, 1956 r/w s.8 of the said act
thus your ex sister in law can claim share in your brother's estate under the provisions of s.8 and s.14 of HSA, 1956 r/w s.5 of Hindu Widow's remarriage act, 1856
thus your sister in law and her daughter both have a share in your brother's share in the flat
your father can become the absolute owner only if the ex sister in law and her daughter release their respective shares to your father by registering a release deed
as the flat would be held jointly as 'tenants in common' by your father and your brother and after him his heirs being his widow and daughter, your father, your ex sister in law and her daughter would become the co-owners of the flat, with father having 50% share and the sister in law and her daughter having 25% share each
if you want the flat to be transferred to your name then the above 3 co-owners will have to register a gift deed in your favour
an heirship certificate or letters of administration would also need to be applied for in order to complete the flow of title
Yes she can claim her husband share from you.
Your brother’s children also have share
1. As per law , after the demise of your brother intestate his share in the said property would be devolved upon his all legal heirs equally , and hence she has share with the daughter
2. Yes
3. They can ask for their share in the property .
a. The legal heirs of your brother can release their share in the name of your father.
b. Your father and legal heirs of your deceased brother can registered a gift deed in your name.
Dear Client,
Since your elder brother and fathershared the ownership of the apartment and your brother diedintestate (without a will), the Hindu Succession Act, 1956 applies to inheritance. This is how the ownership will be decided and how you can goabout clearing the title:
1. Does your ex-sister-in-law hold a share in the apartment?
No, since your ex-sister-in-law remarried, she has no right over the apartment because a widow does not inherit her deceased husband's property if she remarries (underHindu Succession Laws).
2. Does your niece hold a share in the apartment?
Yes, your deceased brother's daughter has a lawful right in your brother's 50% interest in the apartment as his Class I legal heir.
Even if her biological father's name got changed, it does not weaken her inheritance right in Hindu law.
3. Steps to Transfer Ownership
(A) Removing Your Late Brother's Name & Transferring Full Ownership to Your Father
Get a Legal Heirship Certificate – Go tothe Tehsildar's Office or Court to declare your father and niece as legal heirs.
Get a Relinquishment Deed from Your Niece – If your niece is willing to relinquish her share, she must execute a registered relinquishment deed in favor of your father. Being a minor, she will have to get the same signed by her legal guardian (mother), but she can revoke it once she turns 18 years of age.
Get Mutation in Society & Revenue Records – After getting the relinquishment deed signed, go to the housing society and local municipal office to record the change in the property records.
Estimated Time: 3-6 months (depending on the court process and legal formalities).
(B) Removing Both Your Father & Late Brother's Name & Transferring Title to You
Have Your Father Execute a Gift Deed or Will in Your Favor – As your father is alive, the simplest thing is to haveyour father execute a Gift Deed or Will in your favor.
Go Ahead with the Steps in (A) to Release Your Brother's Share First – If your niece doesn't want to give up her share, you may have to get a partition suit to determine your father's and niece's share.
Register the Property in Your Name – Once your father transfers his share, and your niece's claim is determined legally, you can make an application for mutation in municipal and society records to bring the title in your name.
Estimated Time: 6-12 months (depending on whether your niece agrees to give up her share).
Final Advice
If your niece agrees to give up her share, all is well.
If not, you may have to go in for a partition suit, which takes time.
To speed up the process, go to a property lawyer to draw proper legal documents.
