prasad 26 December 2015
My Father's first wife passed away without kids. There was land bought by my father and registred in her name. Then my father married my mother and i am the only son. Eventaully my father passed away and my mother gets family pension (My father was a centarl government employee)
Would like to know the procedure to get the land tranferred to my mother's name or my name
Thanks a lot in advance for your advise
Regards
Prasad
Deekshitulu.V.S.R (B.Sc, B.L) 26 December 2015
Automatically you are the legal heir. Hence approach the concenred authorities, to mutate your name in the municipal/revenue records and submit the documents that stands in the name of your father's first wife. That will be OK
Kumar Doab (FIN) 26 December 2015
If Hindu succession laws apply in your case.
You have posted in the title of query that the first wife deceased without leaving any children. Her husband (your father) has also deceased. If the marriage of your father with your mother was legal/valid then since the first wife left no children from her own womb, you may succeed to be the legal heir/successor.
If the marriage is not valid then you are not her step son and you may not succeed.
Consult an able lawyer well versed with local laws and customs in your state.
Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 26 December 2015
1) As advised above, it is presumed the first wife was legally wedded wife, and the second marriage after the death of first wife.
2) The property belongs to the deceased first wife not your deceased father.
3) The law doesnt distinguish the property is whether ancestral or self-acquired in the instant case.
4) As per section 15 of the Hindu Succession Act, 1956, 15(2)(c), If a female Hindu leaves any self-acquired property, in the absence of husband and any son or daughter of the deceased (including the children of any pre-deceased son or daughter), the said property would devolve not upon heirs as mentioned in sub-section (1) in the chronology, but the heirs in category (b) + (c) would inherit simultaneously. If she has no heirs in category (c), then heirs in category (b) + (d) would inherit simultaneously.
5) Her mother-in-law and mother should equally inherit her self-acquired property. Her own brother and sister should equally inherit along with her brother-in-law and sister-in-law.
6) The property of hindu married widow issueless died intestate devolves upon all the legal heirs.
7) You will stand along with other legal heirs as per amended succession, not simply you are the only legal heir.
8) Hence as per the above stated legal position, consult local property law expert advocate to clarify the position after ascertaining full facts of the case.
Member Strength 9,46,537 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
