House Properties various queries

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CA Raj Doshi (Querist)
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13 June 2017 Property 1 - Title in the name of deceased husband. Wife is staying here. Title not yet transferred. Property 2 - Jointly owned property by wife and deceased husband . Not let out. Title is still in joint name. Property 3 - Title in name of wife. Wife's mother stays in there. There are No children. Question 1 - Will Property 1 be treated as SOP and Property 2, 3 as Deemed to be let out ? Question 2 - Since there are no children , can wife be treated as legal heir ? If yes, under which section and which Act ? Question 3 - Can there be any other legal heir except the wife in this case where there are no children and husband is no more ? Question 4 - Please provide case laws similar to the question relating to legal heir , multiple properties and title not transferred. Question 5 - Can some other relatives create a dispute and not let the property transfer in wife name ? On what possible grounds ? Question 6 - What is the procedure to transfer the title on such properties where husband is deceased and wife is jointly owning / legal heir ? Question 7 - There is no WILL executed by the husband. What issues it might create ?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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13 June 2017 1 Yes.
2 Yes wife will be treated as legal heir under Indian succession act.
3 Wife is the only legal heir here in the absence of children.
4 Even title not transferred wife is the legal owner.
5 Nobody can create any dispute even title is not transferred.
6 Get their death certificates to prove that the husband is not live.then obtain legal heir or succession certificate and get the same mutated in wife's name.
7 No issue will arise as wife is the only legal heir.

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CA Raj Doshi

CA Raj Doshi (Querist)
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13 June 2017 Thank you so much Seetharaman ji for the answer.

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