Legal Question in Real Estate Law in India

If a property is jointly held (50:50) by a Son (the first owner) and a mother (the second owner) and the mother dies without making any will.

Q: Can a Married daughter claim her right in the property?

Q: How it will be divided among the brother (the co-owner) and the married daughter?

Q: When a son and a mother are the co-owner of a property, in case of a death of a mother won't the property automatically gets transferred in the sole name of the first holder i.e. the son?


Asked on 4/20/14, 6:43 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.04.2014

Dear Sir / Madam,

A.1 Since the mother has passed away intestate (without a Will), the married daughter is entitled to half her mother's share, the other half of the mother;s share going to the first named holder i.e if the first named owner and the married daughter are the only surviving legal heirs of their mother, the son will have a 75% share and the married daughter 25% in the property.

A.2 . Refer answer (1) above.

A.3 No, the property will not get automatically transferred in the name of the son, the first named holder of the property.

Regards,

Read more
Answered on 4/20/14, 6:53 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in India