Transfer of property
5 years ago
My self avinash chander, aged 67 years. I have 2 sons and 3 daughters. My wife died on 16 june 2018. My all property was in the name of my wife but now there is no will. I want to transfer the property in my name . My 3 daughts and 1 son agree for it. But 2nd son didnt agree for this. How can i get my property ?
Nirmal Chopra
Responded 5 years ago
A.Since your wife expired without a will, property will be distributed equally as per schedule to Hindu marriage act. File a case for grant of succession certificate. Your children who don't want a share will make a statement in court that they are giving their share in the property to you.But you can't take share of those son/ daughter who don't want to give your share to you.
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Manjula Shanmugasundaram
Responded 5 years ago
A.If the property was really your wife's property as in, her self earned property from her own personal income, or gifted to her by parents or someone else (Stridhana), you really cannot do anything. Your second son has a share and if he is not willing to settle or release it in your favour, nothing can be done about it HOWEVER, on the other hand, if you had purchased the property in the name of your wife, with YOUR money, you can file a Declaration Suit for declaring the said fact and that the you are the absolute owner of the said property. Further, you would have to prove that it was your income with which the property was purchased. It will be a long and hard trial
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