It is very normal for most homeowners to buy a property along with their spouses. However, in case your spouse is no more, the property would dissolve equally into the names of all her survivors including yourself and your children. In such casesm even though you might be giving the property to your children, it becomes necessary to get a legal heirship certificate.
For e.g. consider that you have only one son and you and your spouse jointly own a property. In event of your wife's death, you become owner of 75% of property while your son gets ownership of 25%. This is assuming that your wife did not leave a will, registered or unregistered.
You would need to make a settlement deed in order to transfer the property to your heir.
You can read more on the how to claim a property after the death of an owner in the following link.
How to get legal heir certificate?
In order to get legal heir certificate, the heir would need to apply for death certificate. Then he/she would have to apply for family survival certificate followed by a legal heir certificate. Then the heir would need to go to the Tahsildar's office to get the document mutated in his/her name. The documents required for this process are listed below:
- Death certificate of your parent/s
- Ration card/birth certificate to prove your relationshp with previous owner.
- Take NOC from your parents if they are alive
- Property tax payment receipts
- Application form for mutation and receipt of fee paid for it