FAMILY SETTLEMNT /ARRANGEMENT OF A CHRITIAN FAMILY
Patira Gunwant
(Querist) 07 October 2009
This query is : Resolved
Sir/Madam,
I have a tricky question to ask, answer of which is required from legal point of views:
Q.1) There is a Chritian Family of FATHER + TWO SONS + ONE MARRIED DAUGHTER. ALL living togther in a house/flat premises situated in a co-operaive society and which flat stood in the name of deceased lady, mother of three children and wife of father. The society transferred the flat in the name of father as per nomination filed by deceased mother. Now being this christian family set up, how can this property be devided by father in between his three children and what documemnts / deeds are required to be made? Remeber here my observatiuon is that Indian Suceesion Act, it is a property of mother (deceased) and which has been transferred in husband name by society.
Raj Kumar Makkad
(Expert) 07 October 2009
As the property was self acquired and the same has been transferred in the name of husband of deceased on the basis of her nomination/will so her husband has become now owner with joint possession. In case he wants to make its partition, he is bound to provide equal share of the property among all legal heirs of deceased including himself and on his death definitely his property left shall be divided among all 3 legal heirs of him.
Shivasurya
(Expert) 08 October 2009
All the legal heirs of the deceased mother are having equal right on the property. The father shall bot get absolute ownership even the society transferred the flat in the name of father as per nomination filed by deceased mother. The best option is to execute partition deed between the father and three children with their own agreed terms.
adv. rajeev ( rajoo )
(Expert) 15 October 2009
Nominee is only for discharge is duty, he cannot claim absolute ownership over the property of deceased. He is bound to allot the equal share to other legal heirs of deceased lady.
Sachin Bhatia
(Expert) 15 October 2009
Better to execute a partition deed between the father and three children. The father shall get absolute ownership even the society transferred the flat in the name of father as per nomination filed by deceased mother but All the legal heirs of the deceased are having equal right in the property.
