Rights of joint owner after 1st owner is deceased
Shaurn
(Querist) 11 April 2015
This query is : Resolved
My Father-in-law and Mother-in-law are joint owners for their apartment in Hyderabad. They have 2 daughters. Now my father-in-law has passed away and there is no will.
1. Would my mother-in-law automatically get full ownership of the apartment.
2. My mother-in-law is now trying to sell the apartment and both her daughters are not looking for any share in this. But the buyers are still asking for legal heir document. Is it required? Or can the sale be done without the legal heir document.
3. Is there an option to transfer the full ownership of this apartment on to my mother-in-law so that, she can then sell without any issues of getting legal heir document or other documents.
Advocate Kappil Cchandna
(Expert) 11 April 2015
Mam,
After his death I mean ur father in law, the remaining heirs will have to apply for the legal heir certificate and get the property transferred after that ... Legal heir document is a must ....
Warm Regards
Kapil Chandna Adv 9899011450
M/s. Y-not legal services
(Expert) 11 April 2015
After your father in law's demise his widow wife and two daughters are the legal heirs. So the two daughters have to give no objections to your mother in law for any encubrance.
Otherwise your mother in law is entitled to 1/3 rd share of the property plus her 50%. So 4/6 only her property..
Rajendra K Goyal
(Expert) 11 April 2015
After demise of the joint owner, the property would go to another owner (MIL)along with all the legal heirs9MIL, sisters and brothers). All the legal heirs would share equally the share of deceased.
Other legal heirs can relinquish their rights in favor of the deceased.
T. Kalaiselvan, Advocate
(Expert) 12 April 2015
The 50% share in the property that belonged to the deceased co-owner will devolve equally on all his legal heirs, so it is just and must to involve the other legal heirs while your mother in law is trying to dispose the share of her deceased husband.
Dr J C Vashista
(Expert) 12 April 2015
1. I agree with the experts advise, share of deceased (FIL) shall devolve upon all legal representatives equally.
2. In the instant case, 50% share of FIL in the flat shall be equally divided between his widow and children (if they do not want to relinquish their individual share).
3. Mother in-law can sell her (50%) share with or without any objection from any other LR of deceased (FIL).
4. Contact and consult a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 12 April 2015
You may consult a local advocate for all further issues/formalities in this regard.
