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Property Transfer in case of death of Husband to Wife Property Transfer in case of death of Husband to Wife

2 years ago

Property Belongs to husband and wife. Husband passes away. Wife Claims to transfer the property in her name. They dont have any child. Though the husband has mother , father , brother and sister. Is the wife eligible to claim this property or will the husbands family have a right on it

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.After death of the husband without making and publishing any Will, his undivided half share in that property has been devolved upon his mother and wife. Therefore, mother has one-fourth undivided property share and wife has the three-fourth undivided share in that property. It is necessary on the part of deceased son's wife to request her mother-in -Law to execute registered Deed of gift to transfer her undivided one-fourth share in favour of the wife of the deceased son otherwise after death of the mother in law, her husband and other children( including deceased son's wife) will have the right of inheritance in respect of that undivided one-fourth share.
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