How to get the property after death of husband
2 years ago
Hi, My husband passed away recently, he tool a FLAT by home loan. he paid half of the amount, around 18 lakhs need to pay to the BANK. My father/mother in laws going to pay the remaining amount without discussing with me. Now my father in laws saying I have rights on house as they are clearing all pending amount. I have 2 years baby. Please suggest whether we are eligible for the share of property or not. Once loan got cleared who is the right person to get the house related document? Can I send any notice to Bank by mentioning I am also legar heir. Please suggest me
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.After the death of your husband without any Will his property has been devolved upon you , your child and your mother in law each having equal share therein, so it is necessary on your part to make Legal Heir Declaration and to submit a copy to that Bank requesting them for not to disburse the original property papers to any person other than you. It is necessary on your part to apply for certified copy of that Purchase Deed from the concerned property registry office and to apply for mutation in the Record of Rights on the basis of Legal Heir Declaration along with death certificate , identity proofs of your husband, your Marriage Registration certificate , your identity proofs, your child's birth certificate etc.
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A.Dear Client
As per the laws a wife is also a sharer and legal heir of the property of the demised husband. You need to let your bank know about this and also seek your rights in the property from the other legal heirs. Was the flat registered? If not then you can try to get it registered in your name.
As per the laws a wife is also a sharer and legal heir of the property of the demised husband. You need to let your bank know about this and also seek your rights in the property from the other legal heirs. Was the flat registered? If not then you can try to get it registered in your name.
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