Can Y’s Heirs Claim X’s Property After X’s Wife Was Registered as Y’s Spouse?

[User_a23debb1]

U

User_a23debb1
PARTICIPANT
February 17, 2025 at 2:23 pm

I’m planning to purchase a property of X (deceased). After his demise, X’s brother – Y (deceased) secretly registered X’s wife as his own, though their marriage was never consummated. X’s wife is now ready to sell the property to us. Since X’s wife was later registered as Y’s spouse, do the legal heirs of Y, through his first wife, have any claim to X’s property?

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[Desishark6045]

D

Desishark6045
PARTICIPANT
February 17, 2025 at 4:08 pm

Under who’s name is the deed now in? X?

Also which religion

You cannot buy the property from X because he is dead. So it has to be transferred to the wife’s name. Once transferred then no one from Ys family has claim over it since she is alive.

You have to only worry about X’s heirs

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[User_a23debb1]

U

User_a23debb1
OP
February 17, 2025 at 5:03 pm

Thanks for your reply.

Religion – Hindu.

Yes, Property is still in X’s Name. How it can be transferred to X’s Wife? Only X’s Wife is Alive, No other Heirs.  

Since it is an ancestral property, we only have a court order specifying the partition in X’s name.

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[Desishark6045]

D

Desishark6045
PARTICIPANT
February 18, 2025 at 4:30 am

Ok. X’s property can only be given to his widow. No one else has claim if there are no sons or daughters

First apply for a heirship certificate at the local body. And then give application to register it to her name.
Then she can sell it to you.

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[User_a23debb1]

U

User_a23debb1
OP
February 18, 2025 at 4:42 am

Thank You u/Agitated-Fox2818

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