Legal Question in Real Estate Law in India
Property
My late father has purchased the property at Bhopal in 2003 (without housing loan) while working at BHEL, Bhopal, but expired in 2004 left behind my mother, my sister & younger brother
Now, if something happens to my mother, then how this property will be distributed as only mother is staying there alone.
Or if my mother wants to give this property to me, whoat is the procedure. Pls confirm.
4 Answers from Attorneys
Re: Property
If your mother wishes to give the property to you she may execute a will to that effect. but if she does not make a will,the property will be devolved upon her sons and daughters ie. your brother, sister and you. for further assistance you may contct us on our email id
Re: Property
First find out whether your late father made any Will. If there is no Will, in that case his property devolve upon his legal heirs by succession. Thus, your mother, you, your sister and your younger brother will each have 1/4 undivided share in the said property. Your mother alone is not competent to give the entire property to you. At best, she can relinquish her 1/4 share in your favor by executing a Relinquishment Deed. For you to have 100% title to said property, you need to have relinquishment deeds from your sister and brother for their respective 1/4 shares in your favour.
Re: Property
You all are co-sharers in the property being legal heirs of your father.
After the death of your father, the suriving family members will inherit equally.
Re: Property
If your father was Hindu and died intestate, then his property would devolve upon his mother, widow, sons, daughters, sons/daughters of predeceased sons/daughters in equal proportion.
If your mother is Hindu and died intestate, then her property would devolve upon her sons & daughters and sons/daughters of predeceased sons/daughters in equal proportion.