Joint ownership property

Dilip Verma (Querist) 31 August 2015 This query is : Resolved
Sir/Madam,

My mother and father purchased a shop at Thane (mumbai) under joint name.. My mother being the first owner and my father being the second owner.. my Father expired without doing nomination and without any will.. Although he was a second owner can my mother now claim my father share as well or if not then how to Settle my father's property share in the shop?

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Kumar Doab (Expert) 31 August 2015
Father's share shall devolve equally upon all ClassI legal heirs i.e spouse and children and mother.

Anyone can relinquish share in favor of anyone.

Dilip Verma (Querist) 01 September 2015
do we require succession certificate as my father 2nd holder of the shop has not made any will neither nomination. my mother is 1st holder and she is alive

Kumar Doab (Expert) 01 September 2015
Check with the authority under whose jurisdiction the shop falls.

Rajendra K Goyal (Expert) 02 September 2015
Get heir ship certificate. Share of father would go to all legal heirs.

T. Kalaiselvan, Advocate (Expert) 06 September 2015
Legal heirship certificate will be required to sort out the issue and as suggested by experts above, the other legal heirs can execute a registered release deed relinquishing their rights in the property n favor of the mother who can become the absolute owner thereupon.

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