Transfer of immovable property and shares in chs after death of 1st and 2nd jointowner member
PERVIN
(Querist) 17 October 2016
This query is : Resolved
A property was jointly owned by mother and son. Now both are dead. Mother has made regd. will and gifted/bequethed her flat and parking to her daughter and filed nomination form with daughter as 1st authorized nominee.
Jt. holder no. 2 (son) has a surviving son i.e. grandson of mother 1st owner. But grandson left the flat more than 15-16 years ago with his mother (wife of 2nd jt. holder).
Ever since they came to live in this flat neither the 2nd jt. holder, nor his wife or son have paid a single penny towards CHS maintenance, or property tax or any other charges. The abandoned the old mother in old age and never paid a penny for her medical expenses, food clothing etc nor even cared to visit her when in ICU. Pl. inform what % of property share can be claimed by daughter of 1st holder and grandson of 2nd holder who are the only class-I surviving relatives of both deceased. Can entire self acquired property of 1st jt. holder be claimed by her surviving daughter alone in view of the will registered by her as the daughter has taken full responsibility of looking after her mother 1st deceased owner member and attended her all needs and been by her side through thick and thin both physically financially and till her death by her bed. The grandson, his mother have left the 1st and 2nd jt. holders flat and abandoned them entirely years ago. Do they deserve to get any share in this property at all as they have never fulfilled any responsibilities either towards the grandmother, father or family over the past 15 years and more. Pl. send me a confidential reply by email please at the earliest. Also what share can I claim as the legal heir of my deceased mother as per her last will and nomination in which no mention of her grandson is made anywhere by her as they have abandoned her and had no contact or relations with grandson or his maternal family over the past 15 to 16 years. Can the married daughter claim 100% share in property of mother as per her will and nomination/form of transfer signed by her. When is the transfer form to be submitted to society - after death or whilst she was alive which CHS did not accept from her earlier.
Matter Urgent
Pl. reply by noon today preferably for which I thank you in advance.
Rajendra K Goyal
(Expert) 17 October 2016
You said:
neither the 2nd jt. holder, nor his wife or son have paid a single penny towards CHS maintenance, or property tax or any other charges
Reply:
Person enjoyed the property during this period should have paid the same. If in arrears, society would recover.
You said:
Pl. inform what % of property share can be claimed by daughter of 1st holder and grandson of 2nd holder who are the only class-I surviving relatives of both deceased.
Reply:
If no other legal heir of second holder, both are entitled for 50% share.
You said:
Can entire self acquired property of 1st jt. holder be claimed by her surviving daughter alone in view of the will registered by her as the daughter has taken full responsibility of looking after her mother 1st deceased owner member and attended her all needs and been by her side through thick and thin both physically financially and till her death by her bed.
Reply:
mother was owner of 50%, she can not gift / bequeath more than her share.
You said:
Do they deserve to get any share in this property at all as they have never fulfilled any responsibilities either towards the grandmother, father or family over the past 15 years and more.
Reply:
Legally he is entitled.
Rajendra K Goyal
(Expert) 17 October 2016
You said:
Pl. send me a confidential reply by email please at the earliest.
Reply:
This is open form, for confidential reply may senf personal message to expert.
Click name of expert (profile would open) click send PM.
Guest
(Expert) 18 October 2016
Academic query, but still well advised.
Kumar Doab
(Expert) 18 October 2016
Your queries have been discussed in detail in many threads e.g;
http://www.lawyersclubindia.com/experts/RIGHTS-OF-DAUGHTER-Vs-GRANDSON-ON-MY-MOTHER-S-FLAT--599941.asp
The personal faith is Parsi.
Kumar Doab
(Expert) 18 October 2016
LCI Experts Mr. V R SHROFF, Mr. Hemant Agarwal, Mr. Ajay Sethi are from Mumbai.
You may approach them and benefit from their counsel.
Your queries in this thread are well addressed by Expert Mr. Rajendra K Goyal.
Rajendra K Goyal
(Expert) 18 October 2016
Could not notice it was a repeated query.
Kumar Doab
(Expert) 18 October 2016
In the above mentioned thread the author has clarified personal laws applicable to Parsi's shall apply.
