How to Transfer Property after Death of Wife?

The transfer of property after death must be done as per the laws only. You cannot register a property unless you are liable to do so. I remember a case where the brother of the deceased claimed a property which the deceased had actually transferred to his wife through a will. A lot of chaos took place so make sure you have a legal expert to guide you. If you are unable to figure out who is going to be the next owner of the property of a deceased, I can guide you. 

What is the property transfer after death of wife process?

Rules are different for every religion so I will share the transfer process for each one of them separately. However note that if there is a Will, the property will pass to the person named as the legal heir as per the Will but if there is no Will, things will differ. 

After the death of a Hindu woman (Sikh, Buddhist, Jain)

The property will get transferred to her legal heirs as per Section 15 (1) in order of preference. Here is the list

• Firstly to her sons and daughters. This includes the children of any pre-deceased son or daughter and the husband;

•  Next, to the heirs of the husband;

• Then, to the mother and father;

• Next, to the heirs of the father; and

• Finally, to the heirs of the mother.

Also note that if the property is self-acquired and the husband is predeceased and they have no children to claim the property, then the property will go to the husband’s legal heirs. The property will not get transferred to her parents or siblings or any other relatives.

If she had an inherited property but had no children to claim it, then as per Section 15(2), it devolves to the father’s heirs. If the property is inherited from her husband or father-in-law, it will devolve to the husband’s heirs in absence of kids.

Christians

For Christian women the norms are different. As per Succession Act 1925, the widower will get ⅓ of the property and the rest will get distributed among the lineal descendants. If there are no lineal descendants, only the kindred, the husband will get half of the property and the rest will get divided among the kindred. If there is no kindred, the husband will get the entire property.

Muslims

As per Muslim law both self-acquired property and ancestral properties are regarded as equal and follow the same rules. Legal heirs in their case are classified into two types- sharers and residuary. The sharers get the first share and the rest gets divided among the residues. If a woman inherits any property from any relative, she becomes the absolute owner of it and can dispose of it. If she drafts a will, she can give only ⅓ share of her property and if her husband is the only legal heir, she can give him ⅔ of the property by will.

I hope you have understood the process of transfer of property after death of a wife.