Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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maskedkane (none)     07 December 2013

Who will have the right on the house in this scenario ???

my father & mother have a house which is registered on the name of both of them ie half house is registered on my mother's name & remaining half is on father's name, we r two brothers , if tommorow my father die then who will have the right on the father's share of the house ?? also is it true that after father's death his remaining portion will automatically be transfered to my mother or will it be transfered to me & my brother ?? please tell urgently .........thanx



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 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     07 December 2013

In case your father died his share in the house property will go to you, your brother and your mother. You need to approach court for getting share nothing will come automatically.

1 Like

adv.raghavan (Advocate,9444674980)     07 December 2013

In the event of your fathers death, entire property will go to your mother. she will become the absolute owner of the property, It will be purely her discretion on allotment of shares between you two.

1 Like

Satpal Singh (nil)     09 December 2013

The replies given both hon'ble advocates are contradictory.  Pls throw light as to what is the legal position of their father's share after his death.  I am not sure but after the husband's death, a wife automatically becomes of the owner of husband's property. I would rqst the honble advocate shri shirish pawar ji to further clarify on this pls.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     09 December 2013

1.  Opinion of Adv.Shirish Pawar, is right, since under the Hindu Succession Act, mother & two brother are the Class-I legal heirs of deceased father.

 

2.  Therefore, the 50% ratio of the immovable property, has to be equally divided between all the surviving Class-I legal heirs of deceased father.  In law there is nothing "automatic" transfer of immovable property.


Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     09 December 2013

1.  Opinion of Adv.Shirish Pawar, is right, since under the Hindu Succession Act, mother & two brother are the Class-I legal heirs of deceased father.

 

2.  Therefore, the 50% ratio of the immovable property, has to be equally divided between all the surviving Class-I legal heirs of deceased father.  In law there is nothing "automatic" transfer of immovable property.


Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

1 Like

maskedkane (none)     10 December 2013

thanx so much for telling it sir


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