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VIJAY KUMAR (SELF EMPLOYED)     26 December 2015

Joint property transfer after husband's death

Dear members, please guide on following position : A property(under construction) was purchased(repurchased) jointly by husband & wife through sale deed for which home loan was taken in which husband was main applicant & wife was co-applicant & EMIs were being paid from joint bank account in which husband name was first, husband died in 2013 without writing a WILL, since death wife is paying EMIs of loan from another bank a/c in which her name is first. Please guide would wife get full possession of property being co-owner(joint owner) of property & on the basis of payment being paid from joint a/c or EMIs being paid by wife. Husband left behind 2 kids, wife, mother (drawing husband's pension). Please guide about the legal position of property, wife is full owner of property or wife is just legal heir class1 of Hindu Succession Act with kids & mother-in-law. How to proceed for property. Soon, builder has to handover possession of property, so how to get husband's share in her name.Please guide.



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 6 Replies

Kumar Doab (FIN)     26 December 2015

Husband' share shall devolve upon ClassI legal heirs, and as rightly understood by you wife is one of them.

 

As a co-owner wife is to pay the lender.

 

The husband's legal heirs can decise to pay lender and close the loan a/c.

 

It is upto ClassI legal heris of deceased Hindu male to share the loan/installments and enjoy the property.

 

 

 

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     26 December 2015

1) agreed to para 1 and 2 above.

 

2) Other class I heirs also should pay their share of  instalment.  However, if the wife paid the share of others from the husbands death, the other share can be recovered from their share in the house or directly from them.

 

3) Better finalise with other heirs instead of paying instalments and then seeking recovery thereafter.

Kumar Doab (FIN)     26 December 2015

Children of deceased husband are children of wife too, and may not be in a position to pay!

Mother of deceased husband is drawing pension. It might be her only income.

 

However an amicable family settlement can be  the best option.

 

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     26 December 2015

Agreed.  First try as advised if it works out.

VIJAY KUMAR (SELF EMPLOYED)     27 December 2015

Thanks to Kumar Doab & Dr Katta...., mother has right on son's property who died without writing a WILL, do the kids who are just 12 & 10 years old have right on grand mother immovable property in her life.................as far as amicable family settlement is concerned, you people know very well relationship level between daughter-in-law & mother-in-law in such cases.........thanks again

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     27 December 2015

1) New issue is brought as to the grand mother immovable property, to be dealt with seperately after full facts are furnished and not the subject property under construction.

 

2) The age of kids is not the prime criteria but the law of succession based on facts how the property devolves.

 

3) In the subject property, children whether minor or major being class I heirs got the right in the deceased husbands share.


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