Anonymous
Asked September 23, 2016

Right of wife living separately on deceased husband's property

  • 4 Answers
  • 646 Views

I got married six years back and we are living separated after three months of our marriage. We did not separate legaly or put any case for separation or divorce .. Now three months back he died and he was working in a private sector. I got a call from his office to fill the documents regarding his PF and pension as he mentioned my name as nominee. and my inlaws family did not cooprate with me for the documentation. How could I get surving family member certificate and my husband bought four plots in his name ... Is there rights on his plots? Please suggest what should I do and what is the process?

Answers 4

To obtain a surviving member certificate, one must file petition before the District Court of relevant jurisdiction under Section 372 of the Indian Succession Act, 1925. This provision explains that the petitioner (you, in this case) along with the petition must submit the following particulars:

1. the time of the death of the deceased;

2. the residence of the deceased at the time of his death and, if such residence was not   within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;

3. the family or other near relatives of the deceased and their respective residences;

4. the right in which the petitioner claims;

5. the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and

6. the debts and securities in respect of which the certificate is applied for.

After examining the petition the court issues a notice to all the concerned people along with a newspaper, and allows people with objections to raise them. If nobody contests the notice, it passes order of grant of succession certificate to the petitioner.

As far as the plots are concerned you are guaranteed an absolute right up to your share as widow of the deceased, by Section 10, of the Hindu Succession Act 1956. The Supreme Court in many cases has held that it is a widows right to demand partition of her husband’s properties. To initiate proceedings a Suit for Partition can be filed under Hindu Succession Act.

 

Agree Comment 0 Agrees about 4 years ago

To obtain a surviving member certificate, one must file petition before the District Court of relevant jurisdiction under Section 372 of the Indian Succession Act, 1925. This provision explains that the petitioner (you, in this case) along with the petition must submit the following particulars:

1. the time of the death of the deceased;

2. the residence of the deceased at the time of his death and, if such residence was not   within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;

3. the family or other near relatives of the deceased and their respective residences;

4. the right in which the petitioner claims;

5. the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and

6. the debts and securities in respect of which the certificate is applied for.

After examining the petition the court issues a notice to all the concerned people along with a newspaper, and allows people with objections to raise them. If nobody contests the notice, it passes order of grant of succession certificate to the petitioner.

As far as the plots are concerned you are guaranteed an absolute right up to your share as widow of the deceased, by Section 10, of the Hindu Succession Act 1956. The Supreme Court in many cases has held that it is a widows right to demand partition of her husband’s properties. To initiate proceedings a Suit for Partition can be filed under Hindu Succession Act.

 

Agree Comment 1 Agree about 4 years ago
  • Default avatar
    Admin
    how to get plots details as i dont have any documents amd the plots are in my late husband's name and he is not applied for Patta.
    Agree 0 Agrees about 4 years ago


Default avatar
Anonymous

how to get plots details as i dont have any documents amd the plots are in my late husband's name and he is not applied for Patta.

Agree Comment 0 Agrees about 4 years ago

Ma'am the only way to locate the plots is to visit the Office of the Registrar for Stamps and Registration. This department of the government is responsible for registering and maintaining a record of properties. 

Though this a tedious process you will be able to locate the properties. You must remember to note down survey numbers and also take attested copies of all relevant documents. 

Further you must also take any I'd card that associates you as wife of your husband and a death certificate if you can obtain it .

 

Agree Comment 1 Agree about 4 years ago

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