Legal Question in Real Estate Law in India

A property is to be transferred in the name of the wife of one of the legal heirs by all the legal heirs. And in this case a relinguished deed is not to be made as wife of the legal heir is not the legal heir. Then which deed is required to be made.and what duty is to be paid in that case?

Secondly, Will the circumstances change if she is not be wife but widow of the legal heir, i.e. that legal heir is not alive.


Asked on 10/09/10, 4:01 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

For wife of the living legal heir it would be considered conveyance from all the legal heirs to wife of one of the Legal Heir and full stamp duty will be payable which will be 3% of the market value of the property.

But if it is widow of the deceased legal heir, then it can be done on relinquishment deed as widow of the deceased legal heir would become one of the legal heir through deceased legal heir. So it can be done on Relinquishment deed of Rs. 100/- only

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Answered on 10/09/10, 4:42 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

better file a case in court by making other legal heirs the respondents and then the respondents would give a statement in the court that they have no objection if the mother gets the property. this way you would save the hassles of deeds etc.

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Answered on 10/09/10, 8:52 am


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