Joint owner's rights in housing property

Divakar (Querist) 16 December 2017 This query is : Resolved
A flat is jointly purchased and co-owned by husband and wife. In the share certificate Husband's name stands first and wife's name stands second. After husband's death since wife being co-owner become the owner of the flat and exercise her rights? Seek your advice.

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P. Venu (Expert) 17 December 2017
Who are the legal heirs of the deceased husband?

Divakar (Querist) 17 December 2017
Wife and son. Wife is joint owner and Son is a nominee.

R.Ramachandran (Expert) 17 December 2017
If mother of the deceased husband is alive, then she will be entitled to 50% (i.e. 25% of the whole property) share in the deceased son's property. The remaining 50% to be shared between wife and son.

Divakar (Querist) 18 December 2017
My query is, when one of the Joint owner dies, what are the rights of Joint owner who is also party to the purchase agreement of the property and who has equal participation financially in purchasing the property.

Guest (Expert) 18 December 2017
The Mother/Parents of the deceased will also be the legal heirs of the deceased.

Guest (Expert) 18 December 2017
The Question is about the 50% of the property if there are no other dependents for the deceased like parents the wife and her children would be entitled for the 50% as Legal Heirs.

Guest (Expert) 18 December 2017
Your question is vague. You have unnecessarily kept the experts in a guessing position, as that does not reveal whether you want to know the position as per the bylaws of the society or the legal inheritance as per the property laws.

Better clear the picture along with the status of nomination, besides making a specific mention, how you are concerned with the problem, husband or wife, if it is not your own problem.

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