Taransfer of the property
Anil S. Gahlaut
(Querist) 17 August 2012
This query is : Resolved
I have a case in which, a male person who is employed in Government job, expired, and his wife was taking pension and without knowledge of husband's family married with other man,but continuing to receiving pension. she has a house in the name of I st husband and now stay with her parents and IInd husband. II nd husband is in cruel nature so she also died by burned. property is finance and paid by pension and remain sum 50000/- near about.she has two sons by IInd husband. II nd husband is in jail. now parents of wommen want to transfer house in name of minor sons.Ist husband parents is not intrested in property, and not intrested to take part in matter. plz advice
ajay sethi
(Expert) 17 August 2012
if flat is in name of 1st husband did he leave any will? on death of husband wife and children would be legal heirs . it appears property was not transferred in name of legal heirs on death of husband .
did wife leave any will? on her death legal heirs have to make application for succession certifcate .
Anil S. Gahlaut
(Querist) 17 August 2012
no there is no will made by either parties . sorry onthing is missing property is finance and paid by pension and remain sum 50000/- near about. how is possible IInd husnand's son be legal heir in ist husband name property untill property not transferred to wife name?
ajay sethi
(Expert) 18 August 2012
i thought both children were by 1st husband . since wife is dead then the 1st husband parents are legal heirs to property . succession certificate will have to be in name of parents
Anil S. Gahlaut
(Querist) 18 August 2012
this is known, but is there is any by pass process to transfer if Ist husband parent give NoC.
ajay sethi
(Expert) 18 August 2012
no . get succession certifcate first . get property transferred in name of parents . they can then gift the property in favour of the children
