Trasfer of the land
krishna kumar srivastava
(Querist) 31 January 2016
This query is : Resolved
We would like to know that my my married younger brother had been died before 3 years.He had no child and his wife now get married again and leave the house and property which was my brother name could not come to his wife name due to process of chakbandi.After chakbandi process can this property come to directly our name or my mother name. Now we would like to remind you again that his wife get married earlier and living with her husband in his house. Kindly reply.
Devajyoti Barman
(Expert) 01 February 2016
WELL, THE LAW OF INHERITANCE CAN PRIME ON ANY OTHER LOCAL RULES AND REGULATIONS.
So on the death of your brother his wife becomes half share holder along with her mother in law in respect of all properties of your brother.
The restrictions on name transfer does not relinquish her right over the half share.
So to make your mother sole owner of your brother's property his widow will have to execute a deed of gift/relinquishment in favour of her mother in law.
R.K Nanda
(Expert) 01 February 2016
agree with expert.
Rajendra K Goyal
(Expert) 01 February 2016
Inheritance effective on the day when your brother expired. hence after demise of your brother, his wife and your mother would be equal owner of the property.
Raj Kumar Makkad
(Expert) 02 February 2016
Inheritance right accrue at the same moment of the demise of its lawful owner and subsequent event do not reduce the legal right of the successors.
Raj Kumar Makkad
(Expert) 02 February 2016
Inheritance right accrue at the same moment of the demise of its lawful owner and subsequent event do not reduce the legal right of the successors.
