Expired wife property
sangeet singh
(Querist) 26 January 2016
This query is : Resolved
My wife owned property in her name. though the purchase of the property was funded by me. he registered in my wife's name, now my wife is expired & i have 2 son, after 15 years death of my wife i have done second marriage. now my son say that after doing of my second marriage i am not shareholder of my expired wife property. and they are only 2 are the owner of his expired mother property. my question is they are right or not.....??
My Query:
1) after second marriage of me i am legal heir or shareholder of the property....??
(2) What are the steps to be taken by the transfer of property without any objection in my child.
Kindly advise.
Kumar Doab
(Expert) 26 January 2016
Apparently Hindu Succession laws apply in your case.
You and children shall share the property equally.
Submit death certificate, legal heir certificate and mutate the property in the name of all ClassI legal heirs.
No permission of anyone is required for it.
Devajyoti Barman
(Expert) 27 January 2016
Both you and your 2 sons from 1st marriage are co-owners of the flat.
Your 2nd wife or their children has no share in it.
Rajendra K Goyal
(Expert) 27 January 2016
Succession open on the date of demise of your first wife and on that date you with your sons were legal heirs.
Adv. Yogen Kakade
(Expert) 27 January 2016
Your second marriage after the death of your first wife doesn't nullify your share in the property of your first wife.
Kumar Doab
(Expert) 27 January 2016
The children from her own womb of your 1st wife and you (spouse) are legal heirs/successors.After mutation............Anyone amongst you can relinquish/gift/release/sell etc in anyone's favor.
Your 2nd wife and children from 2nd wife can't object and NO NOC is required from them.
