Legal Question in Intellectual Property in India

Hi,

My husband has passed away on Dec 3rd this year. I have two small girl babies.In my husband name there two plots,one is his father's property given to him and the other one is got with the dowry and loan.

He has 5 siblings. I am scared that they will demand a share on the property.The way they are talking after his death makes to think like that.

Is there a way to transfer the property to my kids name.

my kids are of age 6 years and 2 years and both of them are girl babies.

please provide the necessary information on this issue.

Please let me know if you need more information on the same.

Thanks,

Jaya


Asked on 12/22/13, 4:30 am

2 Answers from Attorneys

the only share holder of the property can be hios parents the siblings are not entitled to share. .I need more facts. contact at 9312411481

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Answered on 12/22/13, 4:49 am

The following information is required to find out a solution for your query.

1. The place at which the two Flats are situated

2. Is there a title deed for the transfer of property in your husband's name and also a valid title deed for the other Flat in your husband's name.

3. Have you obtained the Death Certificate and the Legal heirship Certificate from the concerned Local/ Revenue Authorities of the State.

4. If so, the legal heirs mentioned in the Certificate may be furnished.

5. If not so, please apply for the same and get them and then furnish the details.

6. As per Indian Succession Act, after decease of your husband, the estate owned by him may be transferred to your kid's name even though they are minors putting you as the Guardian for them and his parents are also entitled for a share if they or any one of them are alive and they are covered as legal heirs in the Legal heirship Certificate issued by the Revenue Authorities. But the siblings of your husband are not entitled for any share.

7. So, your fear is an illusion.

8. If you have still doubts, please mail [email protected] or call 09994675721

R P Ramanathan, Advocate.

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Answered on 12/22/13, 9:38 pm


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