Right to husband's property after his death
Vinita B
(Querist) 07 January 2017
This query is : Resolved
My husband died without a will. We jointly held immoveable properties which were self acquired. Also there are some moveable properties like shares for which no nomination was made. I have received amounts from insurance and employment settlements as a nominee. I believe as per Hindu succession ( we are Hindus) me , my minor daughter and my mother in law are the only legal heirs to his properties. What documents should I get prepared like succession certificate or the letter of admiNistration ,which gives me absolute ownership and rights to his share of properties and other properties held by him. Thanks.
Vinita B
(Querist) 07 January 2017
Please advise on my query above.
Guest
(Expert) 07 January 2017
First Obtain the Legal Heir Certificate.Do Not confuse your self.
Guest
(Expert) 07 January 2017
No Succession certificate would be required.Please take the Advise of a Senior Good Advocate
Vinita B
(Querist) 07 January 2017
Thanks for your reply.what does legal heir certificate mean and what purpose it serves.
P. Venu
(Expert) 08 January 2017
You could be the sole owner only if other legal heirs relinquish their rights. And your daughter can relinquish only after she becomes a major.
Kumar Doab
(Expert) 08 January 2017
Your understanding about ClassI legal heirs is right.
You seem to have already obtained death certificate and may obtain legal heir certificate that is issued by Tehsildar.
For transmission of shares (without nomination) you may get in touch with company/its agent appointed by company and submit requisite docs with form and pursue guidelines by regulator :SEBI.
Kumar Doab
(Expert) 08 January 2017
Agreed with Mr. P.Venu and about his advise on your query to become sole owner.
Rajendra K Goyal
(Expert) 08 January 2017
Local Tehsil office can issue legal heir certificate, apply to them.
Husband's 50% share would be inherited by wife, daughter and mother.
If you want to become absolute owner, your MIL can gift / relinquish her rights in the property. If your daughter is major, she can relinquish / gift her share in your favor.
Rajendra K Goyal
(Expert) 08 January 2017
Mostly companies transfer the shares on getting application on prescribed format, death certificate copy, affidavit, indemnity Bond, relinquish letter etc. Request the company to send you format for such transfer.
Vinita B
(Querist) 09 January 2017
Thanks to the experts for their replies. I request some clarifications
1. Can some one claim their right/ share in the amount received by me like insurance PF gratuity as I was nominated by my husband on those. Like a hypothetical question, can legal heirs of my MIL can claim their right From her share after her death.
2. My husband held some shares in overseas companies and to transfer those shares the company is asking letter of admiNistration.what can be done in this case?
My objective of all this is to secure documentation which cannot be questioned / countered in future. Please guide. Thanks
Rajendra K Goyal
(Expert) 09 January 2017
Nominee is the trustee of the legal heirs.
For letter of administration, discuss with local lawyer.
Kumar Doab
(Expert) 09 January 2017
The nominee is mere trustee.
Share under proper acknowledgment and keep record.
SEBI guidelines may be pursued and these are followed by company/agents.
Your own counsel can help you for letter of administration, as already suggested by Mr. Rajendra K Goyal .
krishna mohan
(Expert) 10 January 2017
Share certificate you can write to Company Secretary with copy of death certificate and legal heir. They can guide you or you can take the help of registered stock brokers. Regarding property experts have given the legal position and hence may further proceed for change of name in the revenue records with legal heir certificate with the help of legal expert specialized in property matters.
Dr J C Vashista
(Expert) 14 January 2017
LRs of your MIL shall also have an equal share in her intestate property, get a will registered bequeathing her share in the properties in favour of either of you.
I agree with experts, nothing more to add.
For further clarifications consult a local lawyer with full particulars of shares and other movable and immovable properties.
Rajendra K Goyal
(Expert) 14 January 2017
Agree with the expert Dr J C Vashista.
Kumar Doab
(Expert) 14 January 2017
Thanks for agreeing expert Dr. J C Vashista.
Agreed with Dr. J C Vashista that MIL can dispose her share in anyone's favor.
Local counsel can help you, further.
