Transfer of flat after wifes death

Viveek (Querist) 25 October 2017 This query is : Resolved
My Friends wife expired and he wants to transfer the flat which is on his mother in laws name. The flat is not yet transferred on his wifes name but his brother in law had given his wife a registered Release Deed. Unfortunately after receiving the registered release deed they did not transfer the flat on his wifes name. Brother in law is aware that the flat is not yet transferred even after giving a registered release deed. Now the brother in law is saying that he has all the rights in that flat as it was not transferred. He wants to claim that flat and has told my friend to vacate that flat. Please advise that can the brother in law still claim the flat after giving a registered release deed or it can be transferred on my friends name.

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kavksatyanarayana (Expert) 25 October 2017
As the flat is on the name of motherinlaw, how did brother execute the Release deed? Even brother execute the release deed, he shall forego his rights over the property to his mother and sister also. in such case, he is having right for his mother's share along with sister. consult local lawyer with the material you have.

Guest (Expert) 25 October 2017
You have not stated whether your friend's mother in law alive or dead and with what specific reason he wants to transfer his mother-in-law' flat in his own name?

Viveek (Querist) 25 October 2017
Mother in law expired few years ago and after that he gave his release deed

Kumar Doab (Expert) 26 October 2017
You have not posted which personal law applies in your case.
Has your wife left any valid WILL?
Confirm!

Kumar Doab (Expert) 26 October 2017

Your brother in law could relinquish his share in his mother’s estate/property only after he got share i.e; after her death.
Until his sister transfers say; the equivalent of his share to him he can’t get anything from the said property.
Since his sister has also died, it is not possible now.

Kumar Doab (Expert) 26 October 2017

Believing that you are all Hindu.

In case of Hindu Woman; The nature and source of property matters….
If nature of property is self acquired/absolute; The 1st right for equal share is of Husband (if alive as on date of death), sons, daughters……………..
Property from mother’s side is not ancestral.
You may approach the concerned official in O/o Authority under whose jurisdiction property falls e.g; MC and obtain the forms, procedure for transfer is such cases; ‘Intestate Succession’ if your wife has not left any valid WILL.
Death certificate, legal heir certificate/affidavit is usual requirement and authority may accept verification even by local municipal councilor……….

Attach all requisite docs and get the property mutated….in equal proportion in name of all legal heirs

Rajendra K Goyal (Expert) 26 October 2017
The heir ship opens on the day of death of mother in law.

Brother in law has relinquished his right, if there is no other legal heir property would be inherited by daughter who is expired now.

All legal heirs of deceased daughter would inherit the property.

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