Legal heirs for unmarried aunt's property
pallavi
(Querist) 21 February 2013
This query is : Resolved
We are three brothers and I am the youngest one.My father was the only son and had two unmarried sisters (My paternal aunts). My father and mother has expired. One of the paternal aunt passed away recently and the surviving aunt is staying with me. My aunts were joint owner of the flat they were staying in Nagpur and had bought from their own earnings. Even though the sale agreement copy mentions both the Aunt’s name as joint owners, the record in the City Survey Office mentions only the deceased Aunt’s name .The surviving aunt wants to give me her flat in Nagpur that she was staying in. In view of the above facts my queries are:
1.Since the surviving aunt is the joint owner of the flat, does she automatically become 100% owner of the flat after the demise of her sister?
2. If she is not the 100% owner of the flat then what is her share of the property that she can give me and who are the remaining successors?
3. Is it better to make a registered Will or should she make a gift deed
4. Incase of gift deed, should I pay stamp duty and registration charges for 100% of the property value or just for the portion that she is owner of and gifting me?
ajay sethi
(Expert) 21 February 2013
the flat is in joint name of 2 aunts . on death of one aunt her share will devlve on her legal heirs .
since she was unmarried her share will devolve on her sister and her deceased brother children .
is the flat in a ccoperative society . id the deceased aunt leave any nomination ?
the surviving aunt can bequeath her share to you by will . it wont attract any stamp duty nad registration charges .
ajay sethi
(Expert) 21 February 2013
Section 15 of the Hindu Succession Act,1956 provides: General rules of succession in the case of female Hindus.- (1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-
(a) firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
in your case since your sister was un married and had no children or husband and it was self acquired property her share will go to her sister and her brother children
pallavi
(Querist) 21 February 2013
Thank you so much sir. Yes, the flat is in a coperative housing society. What I understood from your answer.my aunt can give me the following share
1. 50% share of the flat since she is the joint owner
2.25% of the property that my surviving aunt gets from her deceased sister
3. 8.33% for being one of the son of the deseased sister's brother.
So total percentage that my surving aunt can write a WIll is 75% and 8.33% I automatically get from my deceased aunt.Thanks in advance.
pallavi
(Querist) 21 February 2013
Thank you Mr.Rajkumar .Can my surviving aunt make a will/gift deed of 75% of the property(50% her share+25% share she inherits from her deceased sister's ownership)? kindly advise.
