Legal Question in Real Estate Law in India
I am Co-owner of our residence, my father's name being at No.1 and mine at no.2 on the Deed and mutation certificate. I have taken HBL where me and my father are the borrowers. I have been repaying the HBL from my salary account.
My queries:- 1. Can my father donate his 50% share to his married daughter or her child? Or Can he donate 25% only? 2. If he does not make any will before death, will his share go to my surviving mother or my sister? 3. If I want to make further construction/renovation of the house, what are the precautions should I take for myself?
Thanking you.
Mr. U. Banerjee.
6 Answers from Attorneys
The answers to your queries are here in below :-
1) Yes or Yes again. It is his share he can do whatever he wishes to do with it.
2) You as well with your mother and sister.
3) None.
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Mr U Banerjee...
Yes your father is free to do so.
HIs share shall be divided among all
nothing you can go ahead with construction/repair
for any further help contact at [email protected]
Global Legist
Advocate & Legal Consultant
As per his will he can give his share of property to anyone. In case he dies intestate then the said property will be divided as per the succession act.
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He can do whatever he pleases with his share. After his demise - without a Will - Wife and children share equally. You can construct further floors, no precautions needed.
1. One may donate as per his power and willingness.
2. Law governing deceased will govern succession of his property.
3. All precautions applicable / available should be taken.
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