Regarding property rights after death of husband

Querist : Anonymous (Querist) 05 August 2010 This query is : Resolved
Hi,

I have a question

My friend lost her husband recently and he had 2 property in his name and he did not have a will when he passed away.

Father in law arranged for a legal heir which had the following people.

1) The deceased person's Mother
2) His Wife ( my friend)
3) The deceased person's Father

But when i read through the Hindu succession act It said that the property will go to the deceased person's mother and wife only since they are the first class legal heir. The deceased persons father comes to the second class so we need not have him in legal heir document.

My questions are .

1) Am i correct about the act OR is the deceased persons father is also a legal heir by law.

Since this person is creating problems in settlement.

The deceased persons mother is not having any problems giving the property to my friend.

2) What are the things required to get the property legally registered to my friends name.

Any comments/ information/ suggestions will be highly appreciated.

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Arvind Singh Chauhan (Expert) 05 August 2010
You are right. Start the mutation proceeding before Municipal authority or revenue authorities on the same ground.

Be aware of another's steps if there is.

File objection if any body claims the property before any authority.

Querist : Anonymous (Querist) 05 August 2010
Thanks Aravind.Really appreciate your inputs

Can you please let me know what are the documents needed to register the property to my friends name.

Do we need to approach a lawyer to get a succession certificate from the court or something.

Can you please elaborate.

s.subramanian (Expert) 05 August 2010
as rightly states by you father is not the first class heir. he is not entitled to the property. you have to share them with your mother-in-law. if she is willing take a gift deed from her in your favoru with regard to her half share in these properties.

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