• Property rights

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.
Asked 3 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

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11 Answers

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.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Daughter of mother does not have any share in the property.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

1) on his demise  his 50 per cent share in property would devolve on his mother , wife , 2 sons

Ajay Sethi
Advocate, Mumbai
97552 Answers
7894 Consultations

On mother demise her share would devolve on her children equally 

Ajay Sethi
Advocate, Mumbai
97552 Answers
7894 Consultations

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 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

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.

 

T Kalaiselvan
Advocate, Vellore
87754 Answers
2358 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
87754 Answers
2358 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30813 Answers
974 Consultations

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,


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Anik Miu
Advocate, Bangalore
10401 Answers
121 Consultations

-    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.

Ankur Goel
Advocate, Bangalore
454 Answers

- Since, the property in the joint name , then each having equal right 

- After the demise of husband , his half share in the property would be devolved upon his all legal heirs i.e. his mother ,  wife and two sons equally. 

- No, daughter of mother not having any right even after the death . 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

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