50% udi in property implies 50% share in terrace rights also

Shobha (Querist) 30 October 2019 This query is : Resolved
Sir, My in-laws expired with out writing a will, but they had orally told that ground flore will be for second son and First flore will be for first son with UDI of 50% each.., now I want to know if UDI of 50% in land imply that we will be having 50% share in the terrace rights also or not....

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KISHAN DUTT KALASKAR (Expert) 31 October 2019
Dear Sir,
When there is conflict between the opinion and other parties raising objection in respect of use of terrace then you may approach the Court to resolve the issue. Normally both of you get 50% of right over the terrace.

SHIRISH PAWAR, 7738990900 (Expert) 01 November 2019
Dear Smt. Shobha,
You can consider that you have 50% share in land and terrace. Otherwise you can approach court.
Regards,

P. Venu (Expert) 02 November 2019
The intestate properties of the in-laws are vested with all the legal heirs. Are sons the only legal heirs? If so, they can can enter into a partition or settlement deed and get it registered. The oral communication is not legally enforceable.

krishna mohan (Expert) 04 November 2019
The property devolves on all the legal heirs. Hence the legal heirs to file to share the property in joint name based on death certificate and legal heir certificate. You can take the help of local lawyer to guide you correctly and lawfully.

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