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Adding Wife name in Husband's Property after his death

(Querist) 16 July 2018 This query is : Resolved 
My Father-in-law has indipendant house in Kolkata and he is the sole owner of that property. After his recent death how to transfer the same property on his widows name. My Father-in-law got 2 legal heirs; one son and one daughter. Both of them are married got children also. How to legally handle the property name and property share. Also portion of this property rented out; buy without lease agreement. pls. suggest legal way to sort this out.
Dr J C Vashista (Expert) 17 July 2018
The LRs should apply for a certificate from local Tehsildar and get the property mutated in revenue/ municipal records.
However, consulting a local lawyer shall be better/advised for the legal representatives of deceased.
kavksatyanarayana (Expert) 17 July 2018
The property is your father-in-laws own property. Did he execute any will during his time. If not execute Will, all his legal heirs have equal rights over the property.
Kumar Doab (Expert) 17 July 2018
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

Kumar Doab (Expert) 17 July 2018
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.


For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.
Although it is wrong since the WILL exists.
Check locally and comply with procedure.
R.Ramachandran (Expert) 18 July 2018
1. First a legal heir certificate has to be obtained by applying to the Tehasildar under whose jurisdiction your father-in-law used to live. While applying one has to attach the Death Certificate, and also in the application form show all the names of the legal heirs and their relationship with the deceased. After making enquiries in and around the area, the Tehasildar will grant the Legal Heir Certificate. It will take about 2-3 months to get the Legal Heir Certificate. The cost involved is next to NIL.

2. After obtaining the legal heir certificate, you have to apply to the Municipal Authorities (where the property tax is being paid) for mutation of the names of the legal heirs against the property. In this process, all the legal heirs names will get mutated against the property.

3. It is not clear as to why you enquires about "how to transfer the property on his widows name"?

4. If it is proposed to CONSCIOUSLY transfer the property in the name of the widow of your Father-in-law, then in that case, after obtaining the legal heir certificate, you have to apply to the Municipal Authorities for mutation of the name of your mother-in-law against the property. You have to attach No Objection Certificate from both the son and daughter for mutating the property in favour of their mother.

Guest (Expert) 18 July 2018
Agree with Experts and the Wife of the deceased husband would be the Number One Legal Heir sharing Equal Rights with other Heirs.


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