If a property is jointly owned by husband and wife and the husband dies, the wife cannot claim the entire property solely through a notary declaration. In India, a notarised declaration has no legal power to transfer ownership.
The wife’s share remains intact, but the husband’s share passes to his legal heirs under succession law, usually wife, children, and mother (if alive).
To transfer the deceased husband’s share, the wife must obtain a Legal Heir Certificate or Succession Certificate, followed by Khata/Patta transfer or mutation at the municipal/revenue office. Only after legal transfer can full ownership be updated in her name.
Get Expert Legal Guidance from NoBroker on Claiming Joint Property after Husband’s Death Legally
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How to change the ownership of the property in wife's name?
Property is in two names husband and wife. One (husband) died, can the wife claim the whole property in her name by executing a notary declaration
H datta
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2025-12-10T09:15:17+00:00 2025-12-10T09:15:19+00:00Comment
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