Legal Question in Family Law in India
legal
my wife father expired and he had not writting any WILL. His wife and Son are there. They are Hindu. and from Andhra pradesh. They are having Flat in Maharastra, Mumbai. for the same flat in society documents writting wife and son name as nominee. Is there right to ask equal right in the property along with both of them to my wife.
or not pl. confirm
5 Answers from Attorneys
Re: legal
yes, ur wife is equal share holder; the nominees are not exclusive heirs of the property; unless a will is there, all natural heir are equally entitled to their share.
Re: legal
the writing of nominee and related documents will amount equal to a will with respect to that property.. it clearly shows the intention of the deceased! you cannot claim any right over your wife's father's property!
Re: legal
The nominee is merely an agent of other heirs and has no special rights. other legal heirs have equal rights / share, if there is no will.
Re: legal
only nomination is not giving any right to the exclusion of others. as he died intestate ur wife is entitled to get third share in the property so file suit for partition.
it is advisable that get this settled amicably and dont fall for money only. if ur wife is not interested then dont pressurise her to go against her family.
For further and detailed advice please contact personally alongwith documents. Consultation charges will apply.
Re: legal
In absence of Will, your wife and her mother & brother by operation of law are legally entitled to equal shares in the flat of society being the legal heirs of schedule Ist of Hindu Succession Act.
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