How to determine share in property amongst heir and ways to share property after death of both owner
PERVIN
(Querist) 01 September 2016
This query is : Resolved
Mother was Original 1st Owner with her son as 2nd co-owner. Both have now died. Mother has made a regd. will, nomination form and Transfer form naming her daughter as her Legal Heir as she has looked after her needs entirely in old age hospitalization etc. on other hand her son has died before her INTESTATE. Son's wife has expired leaving one son. So daughter of Original member and her grandson are claimants of her property. How to determine how much share daughter will get as per the will etc. and how much share will the intestate grandson get.Pl. mention if monitory settlement can be suggested and how much should he be given to give up his rights permanently and remove his name from this property as he is greedy and only after money or share in his grandmother's property. Pl. explain division of shares amongst daughter and grandson. We do not wish to sell the flat but will somehow agree to give grandson his share within govt. rules. If not what are grandson's rights and responsibilities. Is he liable to pay property tax, society maintenance charges being co-owner and repair charges to property which will have to be totally repaired if he intends to remain 2nd co-owner in place of his father. Also can you mail me a copy of application letter to be submitted to CHS after demise of my mother and list of docs. to be submitted and what all claims have I as nominated daughter to put up to society. Also guide different options to suggest to the grandson for giving him his due share wo we can arrive at a mutual agreement out of court settlement. Grandson and Daughter of deceased Original member are not on good terms with each other. But I wish to amicably give him his share and want him to move out once and for all. Is the value of property to be given as a percentage to grandson as per Index-II valuation or as per market sale value but we do not want to sell my mother's self acquired property. Full amt. of flat paid by Original owner from her own savings. Should we give intestate grandson any amt. as he has never cared for the grandmother never paid a penny towards her ailments or expenses and never stayed with her. His mother and he left the original member's property years ago and never returned/never stayed in this property for over 15-16 years. The grandson and his mother i.e. daughterinlaw of original member and grandson did not even stay together with their husband/father respectively for over 15 years ever since they left the house. The grandson has caused nothing but mental agony and shunned his grandma (original member) life long and does not deserve any consideration but I as the daughter / nominated heir would not like to deprive him of his due share. Pl. send me a detailed msg. how to proceed with CHS formalities with drafts of application letter/Forms etc.to be submitted to CGS and what all claims are to be put up w.r.t. this property in a CHS in Pune Maharashtra. Only two claimants are involved and none other - 1. Daughter of Original 1st Owner (Deceased) testate. and 2) Grandson of Original 1st Owner (Deceased) father of whom has died intestate. Pl. reply soon as claim has to be put up to CHS with docs. once death cert. recd.from PMC Register of birth and deaths in a day or two. (Death cert.applied for already).Pl. keep this msg. totally confidential and ensure its not made public. Pl. reply to me in details and guide me with your expert advice by email please. Thanks / Regards.
Raj Kumar Makkad
(Expert) 01 September 2016
It seems that you have noble intension to 'kill'experts by shifting entire burden to run the personal life of all concerned you mentioned in the query.
The main issue is inheritance. As the mother had left her will in favour of her daughter so her entire share shall go in her favour and the son died intestate leaving behind his sole son hence his share shall go in his favour.
had the mother alive, she would also have been one of the legal heirs of her deceased son but in this case she has either predeceased or has died with her son hence she shall not inherit any share thereto.
Kumar Doab
(Expert) 01 September 2016
Respected Mr. Raj Kumar Makkad,
The author has posted the query in Forum and Expert sections:
asked a query in Experts List of docs. to be submitted by legal heir for membership in chs after demise of owner
posted a new topic in Forum List of docs to chs for claiming membership to chs after demise of 1st owner.
asked a query in Experts Rights of daughter vs grandson on my mother's flat.
asked a query in Experts Change in name on property share cert.
Kumar Doab
(Expert) 01 September 2016
The Indian Succession Act applies, the person being a Parsi.
The specific clauses/sections have already been narrated to the author.
