Sharada Kumar (owner ) 29 January 2015

Inheritance of property of childless christian couple

My Wife and I are Catholics from Kerala. We do not have any children. We both have taken combined joint home loan and have purchased a flat in Noida which is in our joint names. As of now, we have not taken any ancestral or family money for this flat or even otherwise. My questions are -

1. If I die without a will, are my siblings ( i have a married brother and a married sister- both well settled) entitled to a share in this house? If yes, what? If at that time of my death, both my parents are dead, then what is my wife and EACH sibling entitled to?

2. Can i make a will and say that this house should go to my wife only?

3. If I choose to take my share in my father's property and use that money to pay off a part of the home loan, then can I still make a will in favor of my wife or will be family be authomatically entitled to a share in the house as I have used money from my ancestral property for this house?

4. If we adopt a child, will the child get to inherit the house? I understand that Christians can only become guardians - not parents.

5. What can i do to ensure that my wife gets my house without any trouble from my family if I die without any living biological children?

I look forward to your response.

Regards

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T. Kalaiselvan, Advocate (Advocate) 01 February 2015

Your wife will become the legal heir and absolute owner in the even of your sudden and sad demise whereupon your share of property will become intestate. Your brother or sister will come into picture only after your wife, so you need not worry about it, however there is noting stopping you from bequeathing your property in favor of your wife through a Will. As far as your ancestral property share or money in lieu, will become your property after you have inherited it, your brothers or sisters can again make no claim in it. You can adopt a child as per the General adoption act, then that child becomes your child thereby entitled to inheritance rights. Consult a local lawyer and proceed as per his further advises.

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