How can the surviving sister transfer property under Hindu Succession Act?
There are two sisters who bought property jointly from their own earned money. Now one sister dies without will and other than one sister only brother's widow is alive. So how to transfer 100% property to living sister? And Hindu succession act is really applicable? Property has joint names in the title.
The surviving sister may file for a succession certificate under the Hindu Succession Act, 1956, as both sisters are joint owners, and therefore, the surviving sister is a Class I heir, which entitles her to receive 100% property without a will after the death of the other sister; the brother's widow is not a direct heir and hence has no claim. In the given case, Hindu Succession Act would be applicable where the surviving sister would be entitled to fully inherit the property as there is no legal heir left otherwise.
The surviving sister can apply for succession certificate under the Hindu Succession Act, 1956 to transfer 100% of the property to her immediately after the death of the other sister without leaving a will behind. Since both sisters were joint owners, she is the Class I heir and, therefore, she will be entitled to this property after the death of the other sister. Her claim cannot be registered because she is not a blood-successor of the sister who had died. In this case, the Hindu Succession Act is applicable since both sisters are alive and no legal heir-in-being so far.
Sir, the surviving sister can obtain full ownership by having the brother's widow sign a Relinquishment Deed or Release Deed. This transfers the deceased sister's share to her. The property title can then be updated with the revenue department. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
Related Questions
24x7 Help
If we fall short of your expectation in any way, let us know
Payment Trust
All refunds come with no questions asked guarantee
