Death is inevitable. And while all of us are aware of this stark reality of life, the death of a loved one is presumably the most daunting event one has to go through in their lifetime. Dealing with deaths become more difficult for the spouse of the deceased and more so in cases where a woman loses her husband. It is not only emotionally traumatic but puts a financial stress too. In such cases it is even more important to safeguard the assets, the first step to be taken is transferred the property ownership into your name so that people cannot take advantage of you in your weak time.

What to do to transfer the property left behind by deceased husband?

In most of the Indian households, including the NRIs, it is usually the husband who handles all the property and finances of the house, irrespective of the fact that whether the wife is working or not. Thus, when the husband dies unexpectedly, the wife is left in the lurch as far as the financial and property matters especially the transfer of property matters are concerned.

And due to the emotional trauma, that she is going through, pays little or no attention to the property matters at the time. While we understand the pain and agony a person might be going through at the death of a life partner, we would advise to take the financial matters in your hand and sooner than it is, better it would be for you and your children.

Seek legal advice from a property lawyer in India

It will be wiser to take the advice of a reputed property lawyer to handle the financial matters rather than the friends or relatives. Never delay the process of transfer the property ownership after the death of the husband. However, nowadays we have come across a lot of cases where NRI women weren’t even aware of the property her husband had at their native land.

Although in an ideal situation, the spouses must share the details of their finances, property and other investments with each other but then the world is definitely not an ideal place. If the deceased has left behind a Will, the procedure for probate should be initiated at the earliest. It must be noted that any legal heir can apply for probate and not just the executor if there is any. In case of the intestate death, the law of natural succession will apply, according to which the deceased’s dependent parents, his widow and his children have the right to inherit his property, both movable and immovable.

Steps to be taken to transfer the property ownership left behind by a deceased husband

In case of NRIs, although they are not allowed to buy agricultural land in India, they have the right of inheritance in the agricultural land of their forefathers. As an NRI inheriting the ancestral property of her husband after his death, the widow will need the following documents to get the property transferred on her name;

• Land Record of the property that shows the annual property taxes paid.
• Original Death Certificate of a Deceased Person
• Names of Father and Mother of a deceased person. Are they deceased or Alive?
• If the Will executed during the lifetime of a Deceased Person. If yes, a copy of the Will?
• Legal heir proof
• Encumbrance certificate, details of all the transactions related to the immovable property.

Before transfer the property it is advised that find a property lawyer who is trustworthy and have an understanding of the property law in India.