Can wife claim husband property after death?






Three simple steps to transfer property from deceased husband to Wife:

  • Death Certificate
  • Family Tree Certificate
  • Khata Certificate

--------------------------------------------------------------

Death Certificate:

First and foremost, obtain your husband's death certificate, which is the most important document to transfer assets from your deceased husband to you.

For my client, we obtained death certificate in BBMP office in Bangalore. It cost us Rs. 20 and 7 working days. Refer to the below death Certificate

https://qph.cf2.quoracdn.net/main-qimg-94b9ae9e8abb3fbb2ae23c6678ce0ae5

 

Family Tree Certificate:

Make a family tree Affidavit in non-judicial e-stamp paper. The minimum stamp value is Rs. 100. Affidavit must be attested by notary public.

We executed below affidavit for my client, refer to the below image

https://qph.cf2.quoracdn.net/main-qimg-df6d36ca3efd9828844e37388c69e0edhttps://qph.cf2.quoracdn.net/main-qimg-1d2233f10f3e5191ba3203916e834bdf

Family Tree Certificate from Revenue Department (from Tahsildar) is mandatory for property and monetary transfers from deceased bank account,

We need following documents to obtain Family Tree Certificate:

  • Death Certificate
  • Family tree Affidavit
  • Family member's ID proofs (Preferably Aadhaar or passport)
  • Applicant’s passport-size photo (wife’s photo)

We must submit Family tree application in the jurisdiction of the address mentioned in the applicant’s ID proof.

For example: My client's address in Aadhaar is Rajajinagar, Bangalore. Hence we submitted family tree application in Nadakacheri office, Rajajinagar, Bangalore

The application fee is around Rs.150 and we got the family tree certificate in 7 working days. Refer to our below family tree certificate

https://qph.cf2.quoracdn.net/main-qimg-6f8f7611f4adcffdeffe58f57e6adcfa

If you refer to the above family tree certificate, wife is the only surviving member in family. She doesn’t have children and surviving in-laws

 

Khata Certificate:

Transfer of khata is the process of replacing deceased husband-to-wife name in municipal record

We need following documents for transfer of Khata

  • Registered Sale deed (of how the husband acquired property)
  • Property Tax receipt
  • Khata (in the name of deceased husband)
  • Family Tree Certificate
  • Applicant’s Aadhaar (Wife’s aadhaar for e-sign the application)

(As mentioned above, wife is the only surviving member of the family, hence wife is the only legal heir of the husband’s property.

If wife had adult children or in-laws, the wife should obtain “No Objection Certificate” from surviving family member(s)).

Sharing the mock “No Objection Certificate” for your reference

https://qph.cf2.quoracdn.net/main-qimg-f147c706caaec9f3852630cfef4ffd92

For my client, wife is the only surviving member hence the “No Objection Certificate” is not required.

The deceased husband owned a 2BHK flat in BBMP Jurisdiction in Bangalore. We logged into Sakala Online Service portal and applied for transfer of Khata

In 25 working days, our application was approved. we paid the transfer fee of Rs. 650 in Bangalore one center and collected hard copy of our Khata in BBMP office.

Refer to our below Khata image