A man nominated his wife to whom, after her death, flat was transferred. She nominated two sons and gave 50% share to each. The elder son died. Can the other son claim full right? Can society transfer the flat in his name?
Anil Agrawal (Retired) 13 March 2009
A man nominated his wife to whom, after her death, flat was transferred. She nominated two sons and gave 50% share to each. The elder son died. Can the other son claim full right? Can society transfer the flat in his name?
PALNITKAR V.V. (Lawyer) 13 March 2009
The flat goes back to the mother as reversioner after death of the son. It doesnt go to the another son automatically. The society also can not transfer the 50% of the deceased son in the name of son who is alive.
Swami Sadashiva Brahmendra Sar (Nil) 14 March 2009
share of deseased son will devolve upon his heirs i.e. wife son etc. if any. otherwise it will, as mr. palnitkar said, revert to mother and all her legal heirs will enherit in acordance with law of succession aplicabe to them.
Ajay kumar singh (Advocate) 14 March 2009
I agree with Dr. Tripathi.
Swami Sadashiva Brahmendra Sar (Nil) 14 March 2009
thanks Ajay ji.
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