Legal Question in Real Estate Law in India

we 3 brothers and 2 sisters are legally owning two houses in kolkata , west bengal, india, jointly and equally.

if any one of us cease to exist in the near future, how it would be possible for the spouse of the deceased owner to become legal owner of the two properties.

is it automatic transfer of ownership to the spouse or the surviving joint owners (brothers and sisters) have to agree to give ownership status to the spouse.

with regards,

m k pandit

kolkata


Asked on 10/25/12, 4:00 am

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

The answer is very simple which is stated in Hindu Succession and Indian succession acts that 1/5th share of the property would devolve upon the deceased brothers legal heirs and that includes the mother of the deceased also.Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 10/25/12, 5:01 am
Shrichand Nahar S.V.Nahar, Advocate

There may be a succession by law governing the deceased or a testamentary succession, if permitted by personal laws of the property owner.

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Answered on 11/14/12, 3:03 am


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