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Spouse's property

(Querist) 12 September 2013 This query is : Resolved 
Dear Sir,
My spouse(wife) is expired on feb 2013.there is a property(land & house) on her name(in India).i deicide to transfer all this on my name. may i transfer the property on my name.is that any no objection letters need from my three sons(all are above 21 years old).
my elder son may be go against to my decision.
with b rgds.
Kumar Kundan
Vikram Chandra (Expert) 12 September 2013
Dear Kundan,

If all the children are accepting your proposal to get transfer the properties in your name,then they can execute a release / relinquishment deed in your favour. But if any of the child is not agreeing then he may file a case and approach the court of law agitating his rights.
Sankaranarayanan (Expert) 12 September 2013
yes all legal heirs are equal rights with the support of your children you can get the title to your name,
Kumar Kundan (Querist) 13 September 2013
Tell me plz the procedure for the transfer of. Property between us in four parts.is there any right to protest against if one of heirs didn't agree for transfer process.
Kumar Kundan (Querist) 13 September 2013
Tell me plz the procedure for the transfer of. Property between heirs in four parts.is there any right to protest against if one of heirs didn't agree for transfer process.
Sankaranarayanan (Expert) 13 September 2013
first apply for legal heir ship certificate from the local thasildar office then approach a local lawyer and get advise and follow accordingly
Ms.Nirmala P.Rao (Expert) 13 September 2013
Dear Client,

You and your three sons would simultaneously succeed to your deceased intestate wife's immovable property under Hindu Succession Act 1956 and if your sons don't have any objection for getting the property transferred in your name, mutation etc you need to get no objection letter from all three of them to get the property transferred in your name alone.

Ms.,Nirmala P.Rao
Legal Expert
Hyderabad
Nadeem Qureshi (Expert) 13 September 2013
nothing left to add
Rajendra K Goyal (Expert) 13 September 2013
Nothing more to add.
Kumar Kundan (Querist) 13 September 2013
if one of my son is not cooperating with us for partition?
Sankaranarayanan (Expert) 13 September 2013
then its complicated
Ms.Nirmala P.Rao (Expert) 13 September 2013
Dear Client,

Nonetheless, you and the other two sons can file a suit for partition and separate possession of your shares against the one who is objecting if other means of pacifying him do not succeed or in the alternative enter into a family settlement by registering a deed of family settlement amicably under the seal of a civil court based on the value of the property settled.

Ms.Nirmala P.Rao
Legal Expert


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