How to transfer the property of a deceased wife's in her parents name
Ashutosh Mishra
(Querist) 20 February 2011
This query is : Resolved
Dear Sir
My In-laws had bought a property on my wife's name in Najafgrah area new Delhi ,And we made a registry of that property .My wife is no more now .We have a Kid of 4.5 years.Please advice me how can I Transfer the property on my mother In-laws name straight away.
Regards
Ashutosh
A V Vishal
(Expert) 20 February 2011
In case of succession of a female Hindu the rules of succession are different. According to S 16 of the Hindu Succession Act in case of death of a woman intestate then the General rules of succession in the case of female Hindus will be:
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16:
(a) firstly, upon the sons and daughters (including the children of any pre-deceased
son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1)-
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in subsection (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased
(including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
You need to seek permission of the court since the interests of your minor kid is involved.
R.venkatesh Naidu
(Expert) 21 February 2011
Now the property is a minor property. first you may approach the court and get permission for transfer or sell the minors property. This is the proper and true way. Because as per Mr. Vishals advise is good.
