Property in Joint names JYOTI

Querist : Anonymous (Querist) 25 July 2011 This query is : Resolved
Hello,

My husband has recently purchased a flat in mumbai in Joint names with his mother( His name being the first name). This I understand was due to his parents being the major contributor for purchase of the flat and also because my husband could get tax benefit on interest on housing loan, thus he was for namesake made a first namement for the flat.I would like to know-
1) If something untowards would happen to my husband, will I get a claim in the joint property if I were not to remarry( presently we have no children at present)
2)and the case if I were to remarry with us having a child.

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R.Ramachandran (Expert) 25 July 2011
Unless anything is specifically stated, your husband and his mother will have 50:50 share in the property.
In case anything untoward happens to your husband, and if your husband has not left any WILL in regard to his share in the property, then his share in the property will go EQUALLY to all the legal heirs.
Currently the legal heirs are you his wife and his mother.
In case you beget any child(ren), then they will also become legal heirs and they are also entitled to the same.
You will be able to inherit the property provided you remain married to your current husband, on the date of his death. If you get divorce from your current husband and get remarried, then you will not get anything from your first husband's property.