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sumira chandhok (aaaa)     15 July 2012

Wife's right after husbands death

My husband (youngest of the 3 brothers) expired 3 months ago on 1st April 2012, I live in joint family where we share the living room, kitchen and all the common areas. But just 2 days ago our Ration got seperated by my sis-in-law.

I have an 8 and a half year old son.

2 bro-in-laws both married and have 1 son each. The eldest one has a dual citizenship and lives in Canada, and the second on lives here in mumbai with us.

And in all the joint property my husbands name clearly appears on all documents. 


I would like to know 2 things:

1. is a waris nama and succsession the same?

2. what is the procedure to get this done? can i do it myself by going to the required offices to save money.

3. My bro-in-law says - I have no rights and that he would get me into trouble if I get into legal proceedings. He says his brothers name (my husband) will always be on the propety for emotinal reasons.

4. If to keep the peace in the family (there isnt any really) I do not get the name changed can he get my name out of the property in any way?

5. I know of only 2 properties that are owned jointly by my husband. But I also know there are many other properties that the family owns which has his name on it, but I dont know about them. is there a place where one can find out all the propeties owned by an individual in a particular city (mumbai)?

6. If yes what is the procedure.

I really need your help and advice as my parents are old and I am alone and feel very lost right now.



Learning

 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     15 July 2012

In maharashtra you will have to get the heirship certificate through the court. So contact a local advocate. You, your son and your mother in law are the legal heirs of your husband as per hindu law of succession. So get the heirship certificate from the court and get the names of the legal heirs mutated in place of your husband's name in the property extracts.

1 Like

Anish Thakur 7018812737 (advocate)     15 July 2012

dear samira,

be relaxed and have patience ,indian law is with you this time on your above mentioned matter,however its a common sense matter also that a wife and children becomes legal heirs after your husband death.

1.yes warisname and succesion is same thing succession certificate is necessary for entering your name in the property of your husbands,

2.file suit for declaration for the legal heir of your husband and you will get your children share also in your name as they are minor.

3.your brother-in-law is totally wrong and no one can deprive you from getting your husbands share in every joint property and self acquired by him.

4.your mother in law have no right in your husbands share also as she have her two other sons alive.

5.once you get succession certificate from court you will become owner in place of every property of your husband whether you know that property or not or entered your name in it or not,whenever in future you camne to know about such unknown property of your husband name you can claim it.i think you can get some records from registrar office but its difficult to find property with name search .

feel free to call if you find any difficulty and believe in yourself and in law.

1 Like

Ranee....... (NA)     15 July 2012

What one has to do to enter its name in succession certificate?

Adv Archana Deshmukh (Practicing Advocate)     15 July 2012

For immovable properties legal heir certificate (heirship certificate) is required and not succession cert. Sucession cert. is  issued under the ISA. In maharashtra one has to file an application in the court to get the heirship cert. and get the declaration of LRs. With the help of legal heir cert. one has to get the names of the LRs mutated in the property extracts. 

 

I disagree with Anish Thakur.... plz go thru the 2nd schedule of the HSA, mother of a hindu male dying intestate is also his class I heir along with the wife and children. There is no question of the other sons of the MIL being alive or not.

Tajobsindia (Senior Partner )     16 July 2012

@ Author,


1. I disagree to Anish views especially on Succession certificate and on common sense........


2
. I agree to Archana and value adding on this query this is what I have to say;


These are the documents required to apply for a legal heir certificate


- Death Certificate from Municipality.
- Apply to local Talathi / Patwari Revenue Clerk at the village level for heirship Certificate
- Obtain heirship certificate from Mamletdar / Tehsildar office.
- Entering the names of the heirs in the Municipal records


These are the procedures to obtain legal heir certificate.


- If any body has died intestate without writing any will his / her legal heirs can obtain a declaration from the
Civil Court that they are the legal heirs of deceased.
- His/her sons, daughters, mother and wives are the first class heirs. They - can jointly file a case before the Court.
- They should produce the family ration card containing their names, their birth certificate and death certificate of deceased also need to be annexed.


3. For your last que. on property records / certificate / finding them etc.;

To obtain a certified copy of property records in Mumbai you will need to make an application and affix Rs. 10/ court fee stamp. Make sure to include the village name and CTS No. Once that is completed a certified copy will be issued by the City Survey Officer.

The below site is quite helpful if details already known;

https://mumbaisuburban.gov.in/html/land_records.htm  


4. There is another good regional language site for finding land records where not much details are known;

https://mahabhulekh.mumbai.nic.in/  

Or


https://164.100.111.5:8080/mahabhulekh/

1 Like

sumira chandhok (aaaa)     16 July 2012

Thank u Adv Archana, Mr. Thakur and the Author.

 

I have all the required papers and shall now do the needful.

okay my mother-in-law expired in nov 2010 so her rights is not a question any more.

 

Sorry but I am alittle confused... so my questions are :

1. do i need to go to a lawyer to get the LHC done or can I go and do this on my own?

 

2. is doing the procedure of getting a LHC more like filing a legal suit? 

 

3. also my mom-in-laws name is still on the property card, so if I let my husbands name be ther will it work against me? Ca my brother in laws cause trouble for me?

 

Once again thank u so much for everything. For my son and me u all are like the silver linning to the black clouds in our life!

deepika   03 November 2015

My grandfather has divided his property as 2/3rd to two grandsons (from first dead son) and 1/3rd to my father (second son). Now my father has also expired suddenly. Will this property go back to my grandfather who is still alive or will transfer to my mother. Please answer as my mother is living under constant fear that she will be thrown out of the home, my father has built with his hard earn money on that property. 

prabhakar advocate (advocate)     03 November 2015

If your father has got clear title on 1/3rd property, then your grand-father does not have any right to take it back.  Now, on your father's property, your mother, your parental grandmother (your father's mother) if she still alives, and yourself, your sisters, your bothers have got equal shares.  So, tell your mother do not worry.  In any case, don't leave the possession of the property.  If any coersion is used file a police complaint and engage a good local advocate to protect your rights.


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