The property belongs to both the husband and wife. After his demise the husband's share would be divided amongst his family members ie there would be 3 shares. 2 children and wife.
A man has self earned flat in Noida. In his family there are Wife, his mother(as dependent), his two sons. He has registry of flat in joint name with his wife. Who will have the legal rights in his propety after his demise.
will daughter of mother have any legal rights in this property?
The property belongs to both the husband and wife. After his demise the husband's share would be divided amongst his family members ie there would be 3 shares. 2 children and wife.
No if the property is owned jointly then after his demise out of his 50% share in the property of the deceased will be equally divided among 4 (wife mother 2 kids),
Or if thr person has any will or codicil it will be owned by the person named in the will.
Mother's daughter doesn't hold any right on the property
You have stated that the property has been registered on both the names jointly hence both the husband and wife have equal rights and share in the property.
In the event of intestate death of the husband, his share of property shall devolve equally on his wife, children and his mother.
The daughter of the mother of the husband cannot claim any rights in the property that belongs to her brother and her sister in law.
1. The co-owners are man and his wife.
2. Unless he makes a will during his lifetime, his share in the flat will devolve through intestate succession equally on all his Class 1 heirs (widow, mother and children).
3. Sister is not a Class 1 heir to a Hindu male who dies intestate.
Dear Sir
As per the latest Indian Succession Act as well as Hindu Succession Act
Wife, Daughter, Mother and 2 sons own a legal right in the property after his demise.
Thank you,
- Husband have only 50% share.
50% share is directly going to wife as she is co-owner.
- Out of 50% share of husband, all 4 legal heirs will get equal share.
So wife, mother, and 2 sons will get equal share.
- So mother will get 12.5% share.
Daughter of mother means sister have no right in this property.
But mother can gift her share to daughter.