Joint property after husband's death


Hi,

My father has 2 property: (1) House without joint name  (2) Land with Joint Name to my mother.

My father died without any Will. and we are four person in family: Mother, Elder brother, one married sister and me.

My elder brother wants to capture all property. As per law how much is the  Legal stake  in both the properties/

and as Land was in Father-Mother Joint account; can my Mother make it in her  name completely without any partition.

Please reply. More queries are there.

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

Your mother gets her husband property rights as nominee after death of her husband automatically. But mutation to be done on her name by producing dealth certificate.

 
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Thankyou Sir for reply,

There was no Nomination mention in Property papers NOR we have any WiILL

We have approaced to Local Patwari and Tehsil office.

They said that: First Property will be divided equally between  all legal hirers. 

My question is about LAND:  My mother has joint name, so she should be the sole owner of the Land. Name should be trnansferred in her Name only, not amound sons and daughter. Correct me if I am wrong please

 
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Advocate

With respect of your father's property concern  the share  will be divided equally between all legal hirers and the Joint property concern the father's share ( 50% Undivided Share ) will be divided equally between all legal heirs. your mother's share  ( 50% Undivided Share ) concern she is the absolute owner of the property she can do anything she wants with respect of her 50% undivided share in joint property. 
 

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Sir, 

Is the mother also entitled to a share of the joint property from her husband's share apart from the 50% of which she is the absolute owner?

 
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Advocate

Dear Sudeer,

1.Obsolutely, your mother also one of the legal heir of your father and she is entitled to 1/4 th undivided share in your father's 50% share in Joint  property  ( Land ).

2.Your elder brother entitled 1/4 th  undivided share alone with respect of House ( Which stands in your father name ) and with respect of joint property ( Land )  concern your elder brother entiltled 1/4 th undivided share alone , which your father's 50% share in joint property ( land ) 


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Sir,

Thank you for your reply.

I have another query, I know of a case where a person bought a property registered jointly with his elder daughter-in-law. What is the entitlement of share, if any,  among the legal heirs after his death? Please clarify.

Thanks and regards.

 

 
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