Death of a parent in a jointly owned personal property

Gautham (Querist) 03 November 2020 This query is : Resolved
Hi,
My parents jointly own a flat in Navi Mumbai, On the death of my father does his portion of the share go to my mother by default? Or are there any necessary formalities to be carried out to get that done?

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When parents jointly own a property and one parent passes away, their share doesn't automatically transfer to the surviving spouse. The deceased parent's portion will be inherited by all legal heirs, including the surviving spouse and children. To formally transfer the deceased's share into the surviving spouse's name, legal formalities like obtaining a legal heirship certificate and potentially registering a deed of relinquishment are typically required.

Isaac Gabriel (Expert) 03 November 2020
Since it is in the joint name no need to go in for transfer now.Hoever, it is better to make entries in local body records.

SHIRISH PAWAR, 7738990900 (Expert) 03 November 2020
Hello,

After the death of your father, his share will not go to your mother. You have to get a legal heirship certificate from the court and thereafter you can transfer the father's share to your mother's name.

kavksatyanarayana (Expert) 03 November 2020
The same query asked by you in another type. As your parents have a joint right over the flat, the father's share will be devolved equally to you and your mother. If you want to transfer your right to your mother, you can relinquish your rights by a registered deed.

P. Venu (Expert) 04 November 2020
The late father's rights are jointly vested his legal heirs i. e. wife and the children ( and his mother, if alive )

Rajendra K Goyal (Expert) 04 November 2020
Share of your father would be inherited by all his legal heirs including your mother along with her own share due to joint ownership.

Dr J C Vashista (Expert) 05 November 2020
She will have an equal share with other legal representatives of deceased titleholder.

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