19 April 2011
My wife owned property in her name. though the purchase of the property was funded by me. he registered in my wife's name, now my wife is expired & i have 2 son and 1 daughters, my question is can i transfer the property to my name which was owned by my wife. My Child (2 son and 1 daughter) has claim my property. My Query: 1) Who would be the legal heir of the property. (2) What are the steps to be taken by the sale of property without any objection in my child.
19 April 2011
Dear Mr. Manish, Though you might have funded the entire property, but since the property is in your wife's name, upon her death, all her legal heirs (son(s), daughter(s) and husband) will inherit the same in equal share. First and foremost, you have to submit to the Tehasildar concerned,an application along with the Death Certificate, for grant of a legal heir certificate. After verifying the facts, the Tehasildar will grant you a legal certificate wherein all your names with relationship with the deceased would be mentioned. On the basis of the said Legal Heir certificate you can get the property mutated in your names. Thereafter the property can be sold by all the heirs signing the sale deed. YOU WILL NOT BE ABLE TO SELL THE PROPERTY WITHOUT THE CONSENT/SIGNATURE OF YOUR CHILDREN. At best, your children can give a registered Relinquishment Deed, relinquishing their 1/4th share in the property in your favour. Based on such a Registered Relinquishment Deed, you can get the entire property mutated in your name and then sell the same and keep the sale proceeds with yourself. Without the registered relinquishment deed granted by your children in your favour, you will have only 1/4th share in the property in question. The remaining 3/4 share will be held by your three children at 1/4 share each.
25 April 2011
Look all the legal heirs have one share in the property. All has to sign the property title deeds to convey the same. In case any children are legal heirs then need to go to court to deal with the share of the minor in the property.