13 June 2017
Property 1 - Title in the name of deceased husband. Wife is staying here. Title not yet transferred.
Property 2 - Jointly owned property by wife and deceased husband . Not let out. Title is still in joint name.
Property 3 - Title in name of wife. Wife's mother stays in there.
There are No children.
Question 1 - Will Property 1 be treated as SOP and Property 2, 3 as Deemed to be let out ?
Question 2 - Since there are no children , can wife be treated as legal heir ? If yes, under which section and which Act ?
Question 3 - Can there be any other legal heir except the wife in this case where there are no children and husband is no more ?
Question 4 - Please provide case laws similar to the question relating to legal heir , multiple properties and title not transferred.
Question 5 - Can some other relatives create a dispute and not let the property transfer in wife name ? On what possible grounds ?
Question 6 - What is the procedure to transfer the title on such properties where husband is deceased and wife is jointly owning / legal heir ?
Question 7 - There is no WILL executed by the husband. What issues it might create ?
13 June 2017
1 Yes. 2 Yes wife will be treated as legal heir under Indian succession act. 3 Wife is the only legal heir here in the absence of children. 4 Even title not transferred wife is the legal owner. 5 Nobody can create any dispute even title is not transferred. 6 Get their death certificates to prove that the husband is not live.then obtain legal heir or succession certificate and get the same mutated in wife's name. 7 No issue will arise as wife is the only legal heir.
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