Raj (Tech Lead) 04 October 2013

Query on succession / letter of administration

My wife passed away intestate leaving behind a flat in Mumbai. There are a couple of savings a/c on her own name. Also, there is a housing loan still outstanding on her flat. EMI of the flat is going from one of her savings a/c as of now.

She is survived by me and my minor son aged 6. We have applied for Letter of Administration at hon'ble bombay high court before 9 months. My lawyer says that the court may keep my son's part of the flat with itself. What does it mean? My son's part of the amount from savings a/c will have to be made as FDs. Wanted to know expert's views on this.

My concern is about the outstanding housing loan on the flat. I will have to take it on my name?

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2 Replies

Kolla Gangadhar (Practicing Advocate since 1986) 05 October 2013

Your wife died intestate you have apply for succession certificate and your son is 6 year old minor his share will be allotted court may direct fixed deposit etc., be kept till attains majority you have no right over your son' s share.

Raj (Tech Lead) 05 October 2013

Thanks for a quick response. Its true that I do not have right over my son's part of the flat. Pls note there is a big outstanding housing loan on the flat. I am worried about the same.

I want to know if I can request the court to allow the share of my son from my wife's savings a/c to be used to repay some part of her outstanding housing loan? This is in place of making the FD of the amount of my son's share of savings a/c.

Any suggestion will be gratefully accepted.