Legal Question in Wills and Trusts in India
My Father-in-law died intestate in 2006 and is survived by his wife, married son & married daughter. A 3-Bedroom Apartment is in his name. As per Succession Act, the said property would be equally divided between wife, son & daughter (1/3rd each). Kindly let me know whether the property can be transferred / registered in such a way that the Registry mentions the name of all the 3 survivors and their 1/3rd right in the undivided property. We don't want to dispose off the property at present and share the money.
4 Answers from Attorneys
yes, it can be done that way and you may have to file a petition for succession to obtain such an order directing the sub registrar to registered the property in the name of all three survivors.
You can approach the Revenue authorities for mutation of the register submitting the death certificate and the Legal Heirship certificate for the purpose. If any further advice is needed contact me at [email protected]
Approach a local lawyer for help. He will get it done.
02.05.2012
Dear Sir,
Joint ownership of a flat is no longer permitted. The first named person is the deemed Owner.
If the flat is in a registered Co-operative housing Society, you can follow the Madhya Pradesh & Chattisgarh Co-operative Societies Act and simply complete the necessary application forms and apply to the Society for the flat to be transferred in the name of your mother-in-law. No sooner it is done, file a simple nomination paper signed by your mother in law; and your brother-in-law and your wife with a 50% share in their name.
You can mail me for any further on-line legal advice at [email protected]
Regards,
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