After a death of a loved one, our lives come to a standstill. It is even worse when it is a woman who has lost her husband, her whole world shatters. Most of the Indian women never indulge in the matters of property and legal documentation while the husbands are alive. That is the worst part after husband passes away, she has no clue what is required to do to secure the property rights of her and her children. The loss that death has brought in cannot be recovered, but the right of the widow and the children on the property left behind by the deceased has to be exercised so that it doesn’t entangle one in any further legal complications.
What to do to transfer the property left behind by deceased husband?
Most of the women who have lost their husbands become dependent on the relatives to get the property documentation done. Many times, it is seen that instead of helping, relatives end up creating more disputes between the family which ends up in long legal battles in the courts.
The step one should be to seek legal advice from a property lawyer.
Find a lawyer who is trustworthy and have an understanding of the property law in India. If required take the second opinion and then decide to choose the right lawyer.
Never delay the process of transferring property ownership after the death of the husband. Though it is not easy to overcome the emotional loss but at the same time, one should not forget that it is vital to secure the property rights.
In case of NRIs: As is commonly known, NRIs are not permitted to purchase agricultural land, but they can only inherit it from their forefathers. In case of an NRI inheriting a property, either a widow receiving it from her dead husband or the successors of such a person; following are the documents that are required for a transfer title of inherited property:
- A registered will – It can just be written on a plain piece of paper, witnessed by two people, registered by the sub registrar’s office, which on being presented in court is treated as a valid document.
- Encumbrance certificate – Such a certificate records and reflects all the transactions occurred in respect of an immovable property be it a sale, lease, mortgage, gift, partition, release, etc.
- Land Record / Khata – It shows the entry of the property owners details in the records of the Corporation / Municipality / Revenue Department. While the registration document shows the purchase or sale of the property from one owner to another with various rights thereon, whereas the Khata / land records show the annual property taxes paid.