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Baba   04 October 2018

Joint property after husband's death

Hi,

My father has 2 property: (1) House without joint name  (2) Land with Joint Name to my mother.

My father died without any Will. and we are four person in family: Mother, Elder brother, one married sister and me.

My elder brother wants to capture all property. As per law how much is the  Legal stake  in both the properties/

and as Land was in Father-Mother Joint account; can my Mother make it in her  name completely without any partition.

Please reply. More queries are there.



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 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 October 2018

Your mother gets her husband property rights as nominee after death of her husband automatically. But mutation to be done on her name by producing dealth certificate.

Baba   05 October 2018

Thankyou Sir for reply,

There was no Nomination mention in Property papers NOR we have any WiILL

We have approaced to Local Patwari and Tehsil office.

They said that: First Property will be divided equally between  all legal hirers. 

My question is about LAND:  My mother has joint name, so she should be the sole owner of the Land. Name should be trnansferred in her Name only, not amound sons and daughter. Correct me if I am wrong please

S.N.Raj Kumar (Advocate)     08 November 2018

With respect of your father's property concern  the share  will be divided equally between all legal hirers and the Joint property concern the father's share ( 50% Undivided Share ) will be divided equally between all legal heirs. your mother's share  ( 50% Undivided Share ) concern she is the absolute owner of the property she can do anything she wants with respect of her 50% undivided share in joint property. 
 
1 Like

G SUDHEER KUMAR   16 December 2018

Sir, 

Is the mother also entitled to a share of the joint property from her husband's share apart from the 50% of which she is the absolute owner?

S.N.Raj Kumar (Advocate)     16 December 2018

Dear Sudeer,

1.Obsolutely, your mother also one of the legal heir of your father and she is entitled to 1/4 th undivided share in your father's 50% share in Joint  property  ( Land ).

2.Your elder brother entitled 1/4 th  undivided share alone with respect of House ( Which stands in your father name ) and with respect of joint property ( Land )  concern your elder brother entiltled 1/4 th undivided share alone , which your father's 50% share in joint property ( land ) 

1 Like

G SUDHEER KUMAR   17 December 2018

Sir,

Thank you for your reply.

I have another query, I know of a case where a person bought a property registered jointly with his elder daughter-in-law. What is the entitlement of share, if any,  among the legal heirs after his death? Please clarify.

Thanks and regards.

 


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