Property Rights

Swati (Querist) 23 June 2017 This query is : Resolved
If husband and wife owns a flat and made a will on their son's name which is registered.

Now husband is no more and wife needs to sell the flat. In this case does her son stands 50% share?

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Kumar Doab (Expert) 23 June 2017
Same query:

http://www.lawyersclubindia.com/experts/Property-Rights-645086.asp

Swati (Querist) 24 June 2017
Jyst wanted to know. In this case she sells her flat does her son stands 50% share?

Kumar Doab (Expert) 24 June 2017
It has already been responded in other thread.

H. S. Thukral (Expert) 24 June 2017
If the son is minor, his share in the property can not be sold without the approval/permission of the Court.

Kumar Doab (Expert) 24 June 2017
Agreed with Mr. H.S.Thukral.

Swati (Querist) 24 June 2017
He is major so does he hold any share?

Rajendra K Goyal (Expert) 24 June 2017
Repeated query, no reply:

http://www.lawyersclubindia.com/experts/Property-Rights-645086.asp

Kumar Doab (Expert) 24 June 2017
The query has been responded in other thread.

krishna mohan (Expert) 28 June 2017
Understood it is a joint property. Hence your son by default becomes a legal heir of your husband. Moreover by will he has inherited in the place of your husband. Hence better to dispose off jointly. Consult a legal expert on property matter to draft the sale deed to take care of the issue once and for all and avoid further litigation if any.

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