Flat at kandivli
Pradeep Nandlal Dave
(Querist) 05 July 2014
This query is : Resolved
1)My father has a flat at Kandivli,Mumbai, Maharashtra State. 2)In the Purchase Deed of this flat, there are joint names of my father and mother.
3)After the death of my mother, he has got transfered the flat in his name.
4)Is it legal?
5)My father has 4 children.
6)Can these children has any right in share of mother Or father can be automatically became the only owner of the whole flat.
7)Mother has not made any Will.
Please guide me.
Devajyoti Barman
(Expert) 05 July 2014
The children of your mother has equal share in respect of undivided half share of the mother.
In other words the children has 1/10 share in the flat along with their father and siblings.
They can exercise their right over it by way of suit for partition and injunction.
ajay sethi
(Expert) 06 July 2014
on death of your mother her 50%share in flat devolved on your father and 4 children .
flat could not have been transferred in father name without consent of other legal heirs .
file suit for partition and for injunction restraining your father from creating third party rights in the flat.
Rajendra K Goyal
(Expert) 06 July 2014
Children have share in the property of their mother after her demise intestate. Agree with the advise of experts.
V R SHROFF
(Expert) 06 July 2014
4 children shall have 40% right in said property.
Most probably, a nomination must have been filed to trf her share to father. Check it. Nominee is only care taker,and 4 children can move court to get their share.
R.K Nanda
(Expert) 06 July 2014
no more to add.
T. Kalaiselvan, Advocate
(Expert) 07 July 2014
The mother dying intestate, her share in the property will automatically devolve equally upon all her legal heirs, namely her children (4) and her husband. Your father cannot transfer your mother's share in the property on his own without any release deed by all the other legal heirs in his favor. A partition suit claiming your share out of your mother's share will be the solution to this.
