Legal heirs in case of joint family
sam
(Querist) 12 January 2015
This query is : Resolved
person A is eldest and have 2 brothers and 2 sisters. all are married. 2 bothers do not have kids. sisters have kids. A is also married and has only daughter who is married.
all brothers staying in a joint family in a flat together. A is owner of that flat after his mother death.That time all other family members gave NOC to transfer that flat to A's name. A died last year. now legally A's wife and daughter are legal heirs.
other family members(joint family) are ready for transferring flat to A's wife name. they want it should get transferred to 2nd eldest brother after A's wife.(means A's wife should give nominee as 2nd eldest brother) Is it possible? what is the role of A's daughter in this? Can sisters kids will have their portion in this?
A bro1 bro2 sis1 sis2
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w dau wife wife kids kids
Isaac Gabriel
(Expert) 13 January 2015
All the legal heirs are entitled for share.Consult lawyer with the documents on hand.
malipeddi jaggarao
(Expert) 13 January 2015
"That time all other famikly members gave NOC to transfer that flat to A's name" - The NOC does not have any legal validity.
All legal heirs including A's daughter can execute a registered relinquishment/release deed in favour of A's wife, to enjoy the property during her life and after her life time 2nd eldest brother. You can ignoreset aside the A's daughter in the process. She should also join along with all legal heirs.
sam
(Querist) 14 January 2015
"The NOC does not have any legal validity."
why so? it was written on stamp papers.
After release deed from all legal heirs including daughter, to A's wife and then 2nd eldest brother, daughter will loose rights on that flat, right?
But daughter wants to have rights. Is is possible daughter and 2nd eldest brother jointly own property after A's wife life time?
malipeddi jaggarao
(Expert) 15 January 2015
Unless relinquishment deed or gift deed or release deed is executed and registered, though NOC is on stamped papers, it does not have any legal validity.
Answer is very clear. Please read again and again. You will get the answers.
sam
(Querist) 17 January 2015
One query: here legal heirs means all legal heirs or only class 1 legal heirs.
In above case A 's class 1 legal heirs will be wife & daughter.
A's brother and sisters will b class 2 legal heirs.
Above mentioned family is staying as tenants in BMC bldg. And paying rent to BMC. Rent receipt on A's name. Can room get transferred to A's wife and daughter name jointly? Will NOC or any kind of deed required from brohers as they are also staying there?
T. Kalaiselvan, Advocate
(Expert) 17 January 2015
If the rent receipt is on A's name alone, then as his legal heirs, his wife and daughter will be entitled to inherit the rights and not others because the class II legal heirs will be considered only when there is no class I legal heir at all to the deceased.
