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PETAL Y YOUNG (HOUSE WIFE)     31 October 2012

Mothers right to sons property

Residential flat *in Mumbai if jointly owned by Husband (ie son ) (1st name in the agreement) and IF wife (2nd name in the agreement). They have also filed a POA with the society .

My question .Is soon after the death of 1st owner (Husband), does the flat automatically get transferred in the name of wife (IF she's a joint owner of the flat in the agreement) .

There is a another reason for doubt as the wife is refusing to show the agreement papers to the mother at all .
what can she do to get this information as to in who's name is the flat registered
On producing the death certificate can the Flat can be transferred to Wife's name. (In spite of mother survived by him) & if the wife does so?? what action should one take in this case. 
Please explain the legal side to the above



Learning

 1 Replies

Varun Desai (Advocate)     31 October 2012

Hi,

In the share of Son mother is entitled for share nobody can deny her right she will be Class - I legal heirs so legally she is entitled share in the property.

 

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