Thyagarajan
(Querist) 29 July 2013
This query is : Resolved
An owner of a house died without leaving any will or any settlement deed in name of any four of his children, a male and three females or his wife. The wife also died subsequently.Since they were legal heirs the children arrived at an under standing that the boy and one girl will jointly own the house and for the two girls who preferred to make a release deed in their favor got paid by the owners and the release deed was registered. Subsequently the girl owner who was a spinster died with out transferring the right over the house to any one. What will be the claim of the boy over the property? Will he be sole owner or the two girls (who made the release deed) view afresh is needed? The boy happens to be a friend of mine
Dr. Jyothi Vishwanath
(Expert) 29 July 2013
The brother will not be the sole owner. Again a fresh release deed is required.
Guest
(Expert) 29 July 2013
Presently share will be equalant amongst three after submission the death proof of fourth share holder
Anirudh
(Expert) 30 July 2013
In terms of Section 15(1)(d) of the Hindu Succession Act, the heirs of the father of the deceased will be entitled to receive the property.
The heirs of the father of the deceased are in the present case, the deceased's brother and two sisters.
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