Legal Question in Real Estate Law in India
EARLIER QUESTION: Flat was in the name of my father-in-law. He died in 2006, without leaving a will. Legal heirs are his wife, his son and his married daughter. I understand that all three would have a 1/3rd right in the property. I wan't to understand how this property can be jointly owned by all the three legal heirs. I don't want my wife to give a NOC or sign a deed of relinquishment in favour of her mother, since she may write a will and give the entire property to her son. We neither want to sell the flat today and divide the money in 1/3rd share. Kindly tell a way out so that my wife's 1/3rd share in the property is not compromised.
ANSWER:
You do not need to do anything at present if you are not interested to change the situation. Otherwise, selling the property to apportion the shares may be a better option
Sudershan Goel
Attorney-at-Law (India)/ Visiting Scholar, UNC-CH USA
Sureme Court of India
New Delhi, 110001
NEXT QUESTION: Can the above property be transferred in the joint names of all the three legal heirs by executing some deed / agreement, which makes things transparent? We do not want to sell the property now since we stay in it. Moreover, the society is pressurizing us to transfer the property in name of my mother-in-law to avoid any society penalty charges. Once we agree to transfer property in the name of my mother-in-law, we would always be on the tenterhooks, whether we would be kept out of it in future or not. I just want some legal paper that makes the 1/3rd right of my wife in the property clearly visible and transparent.
1 Answer from Attorneys
a) Yes, the property can be transferred in the joint names of all the three;
b) You need not to budge to pressures by the Society;
You may refer to the provisions of Hindu Succession Act which declares all Class-I heirs entitled to an equal share in the deceased's ancestor's property.
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