Inheritance of property in a joint family
Abhi
(Querist) 12 May 2014
This query is : Resolved
Hello Sir,
My father had 4 sons A, B, C and D. ( I am D here in this case.)
A and C stayed in village and B $ D stayed in city as a tenants whose property was in name of my father.In 1987, the landlord sold the land to builder for redevelopment and thus when the new agreement was made my father made B & D as joint owner for the flat in this new building and A &C were handed properties in the village. Now B is a bachelor and stays with D and his family.
1. If B doesn't have any will, what will happen to the property after him. Will it get distributed in all three brothers A,C,D? or D will inherit the property from B?
2. Please be noted that C has his name in the city ration card where B and D resides. Does this has any relevance?
Please advise.
adv. rajeev ( rajoo )
(Expert) 12 May 2014
If B dies intestate then all the legal heirs will be equal share in his properties.
Kumar Doab
(Expert) 12 May 2014
It is believed that you are Hindu and Hindu Succession Laws shall apply.
B is bachelor and does not have a family of his own (spouse and children).
If mother is surviving on the day succession opens and WILL is missing then she being ClassI legal shall inherit the estate of deceased B.
If mother is not surviving on the day succession opens and WILL is missing then
ClassII legal heir shall come in picture and shall inherit the estate i.e:
• Father
• Brother/Sister
• Son’s daughter’s son/daughter,
• Daughter’s son’s son/daughter
• Daughter’s daughter’s son/daughter
• Sibling son/daughter
• Father’s Parents
• Brother’s widow
• Father’s sibling
• Mother’s parents
• Mother’s sibling
Abhi
(Querist) 12 May 2014
Thanks for the reply sir.
I have a point here, all the property taxes and maintenance since 1987 has been paid by B and then by D (me) from 1995 till date. D is the one who is looking after B since his retirement and bearing his expenses. As a common man, I (D) was under the impression that if there is no will by B, this will be come to me. Sorry for being repetitive again.
Will power of attorney help me to get complete ownership in above case or power of attorney get dissolved after B?
Rajendra K Goyal
(Expert) 12 May 2014
B can make a will in favor of D if he is alive.
Kumar Doab
(Expert) 12 May 2014
The power of attorney given by B is alive till the time B is alive.
B can give away his estate during his life time to anyone as he pleases e.g sale deed, gift deed, relinquishment deed, WILL…………………
To serve the ageing brother is social and moral responsibility.
Your queries have been answered.
Abhi
(Querist) 13 May 2014
Thank you all experts !
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
In the above given situation, both B and D are the joint owners of the property having equal shares in it. Thus, upon B's intestate death, he being an unmarried person and has not been survived upon by any Class I legal heirs, his share of property will devolve upon all his surviving brothers i.e., class II legal heirs. therefore it is advisable to either execute a Will duly witnessed by two witnesses bequeathing his share in the property in favor of D by B or to relinquish his right of share in the property by executing a registered release deed in favor of D during his life time, which will solve the author's query.
ABDUL RAZIQUE
(Expert) 13 May 2014
Agree with T.Kalaiselvan. Adding of more sentences is wastage of time.
ajay sethi
(Expert) 13 May 2014
agree with experts
