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Home / Legal / A property was bought in the name of both husband and wife. Wife died. So the share of wife in that property is automatically transferred to her daughters or does the husbands gets the part of dead wife?
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A property was bought in the name of both husband and wife. Wife died. So the share of wife in that property is automatically transferred to her daughters or does the husbands gets the part of dead wife?

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0 2024-07-08T22:39:31+00:00
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In the case of joint ownership of a property by both husband and wife, the distribution of the wife’s share upon her death depends on the legal provisions and the specific circumstances. Here are some general points:

  1. Intestate Succession:

  • If the wife passed away without leaving a will (intestate), the applicable succession laws come into play.

  • The distribution of the wife’s share would follow the rules of intestate succession, which vary based on the personal laws applicable to the family (e.g., Hindu Law, Muslim Law, etc.).

  1. Husband’s Rights:

  • The husband does not automatically inherit the entire share of the deceased wife.

  • His rights are subject to the legal framework and the wife’s other legal heirs.

  1. Daughters’ Rights:

  • Daughters are considered legal heirs, and they have a right to inherit their mother’s share in the property.

  • The daughters would be entitled to a portion of the wife’s share, along with any other legal heirs.

  1. Equal Distribution:

  • In many cases, the wife’s share is divided equally among her legal heirs, including daughters.

  • The husband would retain his own share in the property.

  1. Legal Documentation:

  • To effect the transfer of the wife’s share to her daughters, legal documentation such as a succession certificate or a legal heir certificate may be required.

  • Consult a lawyer to understand the specific legal procedures and requirements in your jurisdiction.

Remember that property laws can vary based on the religion, state, and specific circumstances.

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