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.


Asked on 2/19/13, 11:32 pm

6 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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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Answered on 2/20/13, 1:02 am

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]

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Answered on 2/20/13, 6:29 am
Global Legist Advocate & Legal Consultants

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.

+91 9873400403

[email protected]

www.globallegist.com

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Answered on 2/20/13, 10:09 am
Jayesh Desai Jayesh Desai

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.

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Answered on 2/22/13, 9:17 am
Shrichand Nahar S.V.Nahar, Advocate

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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Answered on 10/04/13, 12:04 am


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