Transfer of share
I have a flat in Thane,Maharashtra where my mother's name appears first and my wife's name appears second in the origional agreement signed with the builder.My mother expired before the society for this building was formed. Now that the society for this building is formed what is the most-effective way to transfer my mother's share of this flat to my wife so that she becomes the sole owner of this flat ?
EVERY LEGAL HEIRS HAVE TO RELEASE THEIR RIGHT IN FAVOUR OF YOUR WIFE i.e. 50% SHARE OF THE MOTHER HAS TO RELEASE IN YOUR WIFE FAVOUR BY REGISTERING THE SAME DOCUMENT AND THAN SUBMIT THE COPY OF THAT DOCUMENT IN SOCIETY TO CREAT ABSOLUTE OWNERSHIP IN YOUR WIFES NAME..
First of all, we feel very sorry for your loss. As per law, after the death of a hindu female, her share in property devolves upon her sons and daughters. Section 15 of the Hindu Succession Act,1956 expressly talks about the same thing. As per the provision and the facts stated in the query, all the share in the name of the mother gets transferred in you and your sister’s name. Subsequent to that, by a simple agreement between you - your wife and your sister – your wife, you can transferred whatever percentage of share – in the name of your wife. The only direct way to get the share transferred in your wife’s name was when the mother would have herself signed an agreement to that effect.
All of the above happens when a hindu female dies intestate and not otherwise.
 The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,- (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband. (b) secondly, upon the heirs of the husband. (c) thirdly, upon the heirs of the father, and (d) fourthly, upon the heirs of the father, and (e) lastly, upon the heirs of the mother.
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