Legal Question in Banking Law in India
My mother had a joint property with her brother who passed away it still has her name in the estate office what can we do?
1 Answer from Attorneys
22.03.2015
Dear Sir / Madam,
If the property is in joint names of your mother and your uncle, since your uncle has passed away, if he was a single bachelor, the name of the beneficiary as mentioned in your uncle's Will, if he has left behind a Will, will have to be included as the joint owner of the property along with your mother by obtaining a Probate from the Court. If your uncle has died intestate (without a Will), his share of the joint property vests equally in all his surviving brothers and sisters. If your uncle was married, his widow wife's name will be included as the joint owner of the property with your mother. If your uncle was a widower and he has children, his child(ren's) name(s) will be included as the joint owner of the property with your mother. You should accordingly process the transfer of joint title of your uncle's share in the record of the local property Registrar.
Regards,
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