Rajesh D (Manager) 06 September 2013

Residential property

Background:
A man died intestate in 2010 leaving behind a residential house (in Thane city, Maharashtra, which is currently occupied by his wife and elder daughter - a widow) and agricultural land in Raigad district, Maharashtra.

Succession:
The man has following successors:-

1.) Wife
2.) Son (Died August 2013 and succeeded by wife, no children)
3.) Daughter (widow, with one son)
4.) Daughter (married, no children)

Current status:
The residential property is in a Co-op. Housing Society. After the man's death, based on the society nomination form filled by him while alive indicating that his wife shall be 100% nominee after his death, the society affected mutation of names in its register and share certificate as a result of which the share certificate is currently bearing the name of his wife. The 7/12 extracts of agricultural land bears name of all successors of the man.

Questions:
In the circumstances, can the wife of the deceased son claim share of the residential property?
Who is the absolute owner of the property possessing a clear title to sell?
Can the wife of deceased son claim share of the agricultural land?

Reply Follow

1 Replies

Namita Agarwal (---) 06 September 2013

A nominee of a property in a housing society does not automatically become the owner of the property after the death of the original owner. The nominee is empowered to hold the property in trust for real owners, that too for the purpose of dealings with the society.

The wife of the deceased son is one ot the legal heirs, falling under Class I of the Hindu Succession Act. She can claim a share in the residential property and the agricultural land.

The property will be equally divided between the wife, both the daughters, wife of the pre-deceased son. Hence no single person is the absolute owner. Either they can partition the property and sell their respective shares or all the legal heirs can concur to sell the property and divide the sale proceeds.