joint ownership of DDA residential flat
Querist :
Anonymous
(Querist) 21 July 2010
This query is : Resolved
Mrs. X and Mr. Y are husband and wife, and are joint owner of their residential flat. This flat is their self acquired property. Both have 4 children - two sons and two daughter.
Mr. Y died without making a Will in anyone's favour. Now what is the status of Mr. Y share , as the nature of the ownership of flat is joint ownership.
My Query is --
A) What mechanism will decide Mr. Y share, in absence of any agreement?
B) Will the flat devolve upon the other owner who is the wife of Mr. Y, automatically?
C) Will that share of Mr. Y in the joint ownership devolve upon the all legal heirs of Mr. Y?
D) Mrs. X wants that the flat should be transfered to the two sons of Mr. Y only, excluding the two daughter, Can she do that?
Guest
(Expert) 21 July 2010
A) What mechanism will decide Mr. Y share, in absence of any agreement?
In the absence of any agreement, half of the share pertains to Mr. Y.
B) Will the flat devolve upon the other owner who is the wife of Mr. Y, automatically?
No. The class I heirs will have the succession rights over half of the property of Mr. Y and the entire share of Mr. Y does not devolve on Mrs. X.
C) Will that share of Mr. Y in the joint ownership devolve upon the all legal heirs of Mr. Y?
Yes. It includes the mother of Mr.Y, if she survived.
D) Mrs. X wants that the flat should be transfered to the two sons of Mr. Y only, excluding the two daughter, Can she do that?
Not possible. The two daughter are also have got the right of equal share on the part owned by Mr.Y. It means, that on the half part of Mr. Y, his wife, Mrs. X and their two sons and two daughters and if the mother of Mr. Y survived, she will have equal share.
Querist :
Anonymous
(Querist) 22 July 2010
Thank you so much, Sir.
