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satya (accounts)     29 October 2009

Property rights

A house was bought in the joint name of father and one son. Father has 2 sons and wife. After the death of the father whom does the house belong to?



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     29 October 2009

 After the death of the father, his 1/2 share in the house shall be divided among his wife and 2 sons. So, the house belongs to all 3.  His wife & one son gets 1/6 share each and the son who was the co-owner with the father, His share increses from 1/2 to 2/3.

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N.Ramakrishnan (Advocate/ Senior Partner)     29 October 2009

Dear Satya,

Since the father and one son were the co-owners of the property, each of them owned one half share in the same. If the father died intestate (without writing a Will), then the wife and the two sons will be entitled to 1/3rd share each in the one half share of the property held by the father. The balance one half share of the property will continue to remain with the son who was the co owner.

Thanks

N.Ramakrishnan, ADV  

 

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