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Property right

Querist : Anonymous (Querist) 21 September 2021 This query is : Resolved 

I want to know , My father and brother was demised due to covid. after death my brother wife is taken charge of my brother flat , which was purchased by my father and parents through own struggle money. she has all payment statement. Right now, builder has hand over possession letter. Registry was not done.

After death, my brother company given lumpsum amount to nominee i.e. wife (widow). i want to know, mother will be legal heir or not

1. In Flat
2. In insurance amount- Which is given by private company
3. Lic amount - mother of deceased is nominee of LIC policy
kavksatyanarayana (Expert) 21 September 2021
In whose name the document was registered? Though your father invested in the property if the document is in your brother's name, it should be treated as his own. So for the property, his wife, children if any, and mother are legal heirs. The nominee is not an owner, he is the only custodian of the property either movable or immovable, and hands over the same to the legal heirs of the deceased.
SHIRISH PAWAR, 7738990900 (Expert) 22 September 2021

Yes, your mother is also the legal heir along with your brother's wife and children. So they are legal heirs in flat and insurance amounts.
Advocate Bhartesh goyal (Expert) 22 September 2021
Yes , your mother is also legal heir of your deceased brother so she is legally entitled to get share in your brother's flat along with your brother's wife and children also entitled to get share in insurance amount.
P. Venu (Expert) 22 September 2021
In an unfortunate situation, why you are hair splitting the issues, even if there are laws to be relied upon. Is it not your duty not to cause any inconvenience to your late brother's family?
Sudhir Kumar, Advocate (Expert) 10 January 2023
Agreed with Mr Venu.

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