Legal heir certificate required for wife?
Ajay Kumar
(Querist) 24 August 2013
This query is : Resolved
Required urgent help from the legal experts here.
My Cousin's husband passed away in an accident couple of years back. My cousin and her husband have no children, but on the husbands side, he has both parents alive and a brother as well. The marriage itself was under Hindu marriage norms and legally registered.
After their marriage, he had bought some property (plot) on his name.
1. Do my cousins husband's family members (parents or brother) have any legal rights (even on part of it) on any property bought after their marriage?
2. Does my cousin require a Legal Heir certificate if he wants to either sell or give away the property?
3. He also has a motorbike bought after marriage and registered on his name. Does my cousin require any legal heir certificate to transfer the same to her brother in law or father in law.
4. In case she needs legal heir certificate for either of the above two, is there in difference in process.
adv. rajeev ( rajoo )
(Expert) 24 August 2013
Deceased wife and mother are class I legal heirs. Both have got equal share in the deceasd's property.
Legal heir certificate is required for everything. She has to get her name entered to the deceased's property by producing the legal heir certificate.
Rajendra K Goyal
(Expert) 25 August 2013
Mother and wife of the deceased have equal right in the property of the deceased. Legal heir certificate need to be taken mentioning all properties in it. It is issued by the competent authority.
Sri Vijayan.A
(Expert) 25 August 2013
1. Do my cousins husband's family members (parents or brother) have any legal rights (even on part of it) on any property bought after their marriage?
YOUR COUSIN AND HER MOTHER-IN-LAW ALONE ARE THE HEIRS
2. Does my cousin require a Legal Heir certificate if he wants to either sell or give away the property?
YES, SHE WANTS THE LH CERTIFICATE.
3. He also has a motorbike bought after marriage and registered on his name. Does my cousin require any legal heir certificate to transfer the same to her brother in law or father in law.
YES.
4. In case she needs legal heir certificate for either of the above two, is there in difference in process.
SAME CERTIFICATE.
TO GET THE LHC, SHE HAS TO APPLY TO TAHSILDAR, IN WHITE PAPER, STATING THE FACT OF DEATH OF HER HUSBAND AND LISTING OUT THE HEIRS ENCLOSING THE DEATH CERTIFICATE.
AFTER ENQUIRY, TAHSILDAR SHALL ISSUE THE LEGAL HEIR CERTIFICATE.
