Legal Question in Wills and Trusts in India
My mother in law expired without writing a will. She had been with us for past 10 years and been taken care of by us. My husband has 4 brothers and 3 sisters inclusive of himself. My MIL has a flat in Mumbai and My husband has been taking care of it's maintenance and bearing all the costs. None of the other brothers have been ding the same. The property is now up for redevelopment. Should the flat be in my husbands name as he has borne all the costs?
2 Answers from Attorneys
No. The property will be inherited by all the legal heirs. At the most your husband is entitled to recover the cost he has incurred on the maintainence of the property
14.04.2014
Dear Madam / Sir,
Yes, ideally the flat should be transferred in the name of your husband on the strength of an Indemnity Bond to be furnished by him along with all the other Society forms for transfer of the flat in his name. Even though your deceased mother-in-law has not left behind her Will, she ought to have nominated your husband on the Share Certificate which is sufficient.
Regards,
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