After the amendment Act of 2005, according to Hindu Law by virtue of section 6, the property of Hindu male dying intestate devolves upon his heirs in Class-I category, which includes Sons, Daughters, Widows, mother etc. Hence, a son can claim a share of his mother along with other legal heirs alive in the class 1 category.
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Hello, my mother has passed away, and my father got married again. The second wife wants to share the property. She has no children. Can she claim a share in my father’s property?
After the amendment Act of 2005, according to Hindu Law by virtue of section 6, the property of Hindu male dying intestate devolves upon his heirs in Class-I category, which includes Sons, Daughters, Widows, mother etc. Hence, in your case, your father’s children from your first wife, your father’s second wife and his mother, if alive, will be entitled to share in your father’s property.
How to add your spouse’s name to the already registered property in India?
The spouse’s name can be added to the already registered property in two ways. Firstly, you can execute a sale deed favouring your spouse and get it duly registered with the concerned sub-registrar of the area. One needs to do so by paying the necessary transfer fees. Secondly, you can also execute a gift deed in favour of your spouse and get it duly registered with the sub-registrar. This registration has to be in the said jurisdiction and on a duly stamped deed. You can specify the portion of the property, either 50% or any other percentage of the portion of your choice that you wish to give to your spouse.
What are the modes of succession in Muslim Law?
There are three modes of Succession under Muslim Law. The first is that duties are to be performed after the demise of an Indian Muslim, such as payment of funeral expenses, payment of wages, debts and execution of Will. Once everything is done, the remaining is distributed among the heirs.
Secondly, the share is distributed between heirs and successors.
The third stage is when there are absolutely no legal heirs of the deceased, and Government inherits the entire property.
Does the report contain information about the historical background regarding property’s ownership?
Yes, in addition to the current ownership status of the property, details regarding its previous owners are also extensively mentioned in the title search report.
As we cannot physically visit the property ourselves, will the report include the photographs of the property?
As our local team physically visits the property to understand its correct actual on-ground status, we include the photographs of the property in the title search report to give detailed information regarding the property.
I had executed a PoA (Power of Attorney) in my brother’s name, and I think he has misused the same to change the ownership of my property. How can I inspect the same without letting him know about it?
As the title search is exhaustive, it gives precise details about the property’s past and present ownership status along with mutation/transaction entries. In case there is any illegal transfer, we provide legal advice in this regard so that the concerned person can take timely action to challenge any unlawful transfer. This helps NRIs in restoring their rights in the property by adopting legal measures.
If I am planning to purchase a property in India, how can I obtain all the information? Can it be obtained through a title search to help me analyze whether the purchase will be beneficial?
Along with the property’s current ownership status and commercial (market) value, the title search report also provides information regarding mortgage, loan, or pending litigation concerning the property. This can help understand the actual current value of the property as an asset.
Is the total area of the property included in the title search report?
Yes, the title search report also mentions the total area/size of the property in addition to the complete description/address of the property.