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Angisha Gopi   02 December 2021

Succession and will

Hindu Wife dies intestate so Property in the name of wife on her death to be equally distributed among the legal heirs including husband. 

What is the procedure to transfer the property in the name of legal heirs if one of the heirs does not co-operate?

Can Husband of the deceased Will his share of property to his daughters without transfering the title of the property to his name?



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 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     02 December 2021

Hello,

For transferring the property of deceased hindu woman, one has to apply for legal heirship certificate from court. After getting the legal heirship certificate from court husband can transfer his share to his daughter.

 

Angisha Gopi   02 December 2021

Thank you sir,

Doesn't he have to apply for succession certificate or will legal heirship certificate would allow him to transfer his share of property.

Shashi Dhara   02 December 2021

File suit for partition if it is immovable and let father release his share  or after his death to whom the property goes can be mentioned and compromise in lok Adalat.

1 Like

Kevin Moses Paul   04 December 2021

Basically, the first step for any beneficiary is to file for a Succession Certificate in the same court within whose jurisdiction the dead person resided, to inherit the assets of the deceased or even get them transferred in his name.

So, Succession Certificate is needs to be applied for.
1 Like

Shashi Dhara   04 December 2021

She dies intestate ,they are lrs . partition is necessary.

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