Legal heirs
Rajesh
(Querist) 29 April 2012
This query is : Resolved
Mr. A had three kids one son and two daughters. Mr. A sold his property and purchased two properties (i) In his own name with his wife as joint holder (ii) In his Son’s name and Mr. A as second holder. On demise of Mr. A, how these properties will be settled?
M.Sheik Mohammed Ali
(Expert) 29 April 2012
i hope that above property is self earned so they will do as their wish can settled.
Devajyoti Barman
(Expert) 29 April 2012
1. The half share of A in the first property would be divided among his widow and children in 1/4 share each.
2. Similarly the half share of A in the second property would be divided among his 4 legal heirs in equal shares.
In both the properties the widow and the son would get 1/4 share in addition to their respective half shares.
SAINATH DEVALLA
(Expert) 29 April 2012
Just a little bit doubt on the second property, the sources of purchase are from the father's resources and the son is only a joint holder.Other aspects according to Mr.Barman are correct.
ajay sethi
(Expert) 29 April 2012
has Mr A left a will ? you have not mentioned whether he died intestae or left a will .
if he diesd intestae thn in respect of first property it would be divided among widow and 3 children .
as far as second property is concerned whether ny contribution was made by son in whose name second property was purchased .
H. S. Thukral
(Expert) 29 April 2012
Mr. Barman is right. Even if the property in second case was bought from the proceeds of early sale the son independently owns half share. It can not be questioned that the title of the son is 'benami'
adv. rajeev ( rajoo )
(Expert) 29 April 2012
In the property which jointly held with the wife , in that half share his wife, sons 2 daughters will get equal share.
Even though property is purchased by A in his son's name, son is the absolute owner. To claim share in this other legal heirs will have to prove that property is purchased by A in the son's name, if they proved they will get 1/4th share
Shonee Kapoor
(Expert) 01 May 2012
I agree with Ld. Barman.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
