How to claim property after husband's death?
My father passed away three months ago. The house that my mother, brother and I live in is in the shared names of my father and his brother. My mother is the nominee along with my grandmother. However, my uncle, who co-owns the house with my father, is refusing to transfer the house into my mother's name. Is there any way to change the ownership to my mother's name? My mother is a housewife with no job, and the house is our only asset, while my uncle owns two other houses.
If you are Hindu, as per Hindu Succession Act 1955, the property can be shared between the legal heirs i.e. your mother, you and your brother as well as your grandmother as Class I heirs. If your uncle is unwilling to transfer voluntarily, you can file a partition suit in a civil court to divide the property. Along with it, obtain the succession certificate from the competent court to establish the legal heirs of your father. Before legally approaching court, you can try family mediation to sort out the settlements. If so, relinquishment deed can be executed in favour of your mother, transferring the share of her property.
Sir, your mother is a legal heir of the said property automatically transferred to her from her husband as per the Hindu Succession act and her right to her husband’s property cannot be revoked by any means. We would suggest you to hire a lawyer who will guide you in the entire process i.e. how to claim her right in property. For further legal assistance contact us on our helpline number.
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