Legal Question in Real Estate Law in India

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.


Asked on 10/19/11, 10:47 pm

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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

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Answered on 10/19/11, 11:33 pm
Shrichand Nahar S.V.Nahar, Advocate

Find out current market value and request other co-owners to purchase 1/3rd share.

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Answered on 10/29/11, 11:23 pm


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