Mukul Varshney (professional) 27 July 2013

Family property issue

My flat is at Pune, Maharashtra is registered in name of my (1) mother , (2) father and (3) myself. Unfortunately my mother expired (sudden death) on 02-Apr-13. I have 2 elder sisters both married and settled. My mother has not left any will. As the Flat is new there is still no conveyance deed and hence no nomination done / share certificates prepared. This is a self aquired property where my parents and myself have invested money.

Now my father wants this to sort out, so that this property bears his and mine name now. My sister are not cooperating and are asking to sell the property and give them mother's share.

Please guide me,

(1) Doesn't my father become automatically legal heir after my mother's death?

(2) What we should do to get this sorted out easily and economically?

I shall be highly obliged for your help.

Thanks and sincere regards

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2 Replies

Adv Archana Deshmukh (Practicing Advocate) 27 July 2013

(1) Doesn't my father become automatically legal heir after my mother's death?

-No, the husband and all children of your mother are her legal heirs.

(2) What we should do to get this sorted out easily and economically?

-By amicably settling the matter. You can purchase the share of your sisters i.e. give them some money and ask them to leave their share of the flat for you and your father.

Mukul Varshney (professional) 22 August 2013

Hello Adv. Archana,

Thanks so much for your response.

Let me also clarify here that this is a self acquired property, in which 50% has been paid by myself and remaining has been paid by my father. I added my mother's name in good faith, as this was my first flat and as a respect to my mother considering her auspicious I kept her first name.

Kindly let me know if with above info things will change.

Sincere Regards

Mukul