Legal Question in Real Estate Law in India

If son is owner and father is co-owner of the flat(House property). All loan installments had been paid by son. In case of death of father, whether son wholly ownes the property or nominees of father are also entiltled to have right. Father is having 3 children son and 2 daughters.Wht is the situation in case of Case I]no "Will" of father Case II]having "Will" distributing whole property amongst 3 children equally Case III] "will" -wholly giving all property to son?


Asked on 10/10/13, 10:28 pm

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

14.10.2013

Dear Sir / Madam,

1). In the absence of your father's Will, all his children are entitled to claim their share of the flat as he is the co-owner.

2). your father's will can only talk about his 50% share as the co-owner of the flat to his children.

3).Son becomes the sole owner of the property by obtaining a probate of his father's Will.

Regards,

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Answered on 10/14/13, 10:29 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

I agree with the above opinion You may also drop a detailed query at [email protected]

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Answered on 10/15/13, 1:51 am


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