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Widow's right to bequeath

(Querist) 29 April 2017 This query is : Resolved 
A lady is 80+ and a widow, she has no issues. She has an ownership flat in Mumbai, it stands in the joint names of the lady and her husband. The name of the lady stands first in the registered ownership document and the share certificate.
Her husband demised three years ago.
What is her legal position with regard to the flat? Is she the absolute owner? Can she bequeath the flat with a Will?
She resides in the flat at present and does not want to sell the flat during her lifetime.
What is the procedure advisable for her?
Thank you all in advance,
Senior citizen
Guest (Expert) 29 April 2017
Let her first apply for Legal Heir Certificate from concerned Tehsildar Office basing on her husband's death certificate.Basing on that the Copy of those certificates she could submit in concerned Registrar Office and get her husband deleted and she could claim the absolulte ownership of the property.Consult with Senior Document Writers at Concerned Registrar Office.
Kumar Doab (Expert) 29 April 2017
It is believed that they are all Hindu.
Confirm.

Kumar Doab (Expert) 29 April 2017
The succession is as per personal law that applies e.g; Hindu Succession laws.
If mother of deceased husband was also not alive as on date of death and he had NO sons and daughters then wife should be sole surviving heir.


She may obtain the requisite forms/procedure from O/o Society and submit requisite docs e.g; Death Certificate, legal heir certificate etc .


Subsequently once she becomes sole owner she can dispose the property in her life time in anyone’s favor by a valid/registered deed say;WILL etc
kavksatyanarayana (Expert) 29 April 2017
it is very important to get death certificate of her husband and legal heir certificate of for all purposes. As the property is in the name of the land and her late husband. for registration purpose, she shall mention the fact of her husband death and they are without children and it is sufficient for registration of a deed.
Kishor Mehta (Expert) 30 April 2017
Sir,
It being a matter involving landed property, an ownership flat, it will be to the best interests of the lady to obtain Letter of Administration from the Bombay High Court.
Good Luck,
Kishor Mehta
Dr J C Vashista (Expert) 30 April 2017
@ Senior Citizen,
You are anonymous and as per rules of this platform experts do not entertain any query raised by such author, therefore, disclose your identity if you wish to gain some legal knowledge qua your question.
Guest (Expert) 30 April 2017
Nothing seems to be kept confidential in the case, if the author of the query comes to the fore with his/her real identity.
Kumar Doab (Expert) 30 April 2017
“Can she bequeath the flat with a Will?
She resides in the flat at present and does not want to sell the flat during her lifetime.”


Your points have been responded.
Anything else that you want to discuss!

Rajendra K Goyal (Expert) 30 April 2017
agree with the expert Dr J C Vashista.
Dr J C Vashista (Expert) 30 April 2017
Thank you Goyal ji for agreeing with me.
Kumar Doab (Expert) 01 May 2017
Your query had already been responded in earlier posts, with options, that was posted to help the aged lady.


Help the aged lady.


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