Thursday, November 24, 2011

How to transfer a house on my name as my husband(owner) has expired without a will?

I have two sons of age 23 and 13 respectively.


The house was on my husband's name only.


The house is in Haryana,India.|||If a Hindu man died intestate i.e. without leaving a Will, his property shall devolve to his legal heirs and the class 1 heirs are his widow, his all sons and daughters, his mother and heir of his predeceased son or daughter.


In the present case the widow and two sons seems to be class 1 heirs of the deceased Hindu (no mention about his mother) hence they all shall be the inheriting all his property in equal share.


The house/immovable property in question will be transferred/mutated in the name of his widow, and both his sons.


The process of the mutation can be proceeded on the basis of death certificate of the deceased Hindu as well succession certificate by the heirs in this case in the revenue department/Tehsil office where the immovable property was registered.|||If your husband died intestate, or without a will, owning real property, the estate has to be probated. No other way around it. But it really isnt that big a deal. You just file in the probate courts, request to be deemed the personal representative or executor of his estate, then ask the court to be able to transfer ownership of his property to you, as his spouse. You take that order to the Department of Deeds and they should issue you a new deed with your name on it. Now, keep in mind, there can be objections to this from other relatives or creditors that he owes money or if their were liens on the property for whatever reason, but I feel that since you are his spouse, it would first go to you. But if it has a clear deed, you should be fine.

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