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prasad (executive)     22 November 2024

Leagal heirs of property - reg.

Sir/Madam,

My cousine aged 93 year, purchased a property 30 years ago in his wife's name with his own earnings as his wife is  house wife.  Recently 2 months back his wife aged about 83 years, passed away without making any will against the above property.

 My cousine have 2 sons and 2 daughters.

2 daughters got married nearly 35 years ago and well settled and 2 sons are government employees and ealder son well settled and younger son is not sellted well and his life is just average.  

Now, My cousine wants to gift the property to his ealder son.

Now, the query is :

a) Can my cousine  alone become leagal heir  by default as the property belongs to his wife and was purchased with my cousine's own earnings and his wife expired without executing any will?

b) If (a) above is yes, how can my cousine claim his sole leagality against his wife's                    property?

c) Whether all  children of my cousine i.e. daughtres and sons will become leagal heirs            against the property? 

d) Whether only daughters will become leagal heirs against the property just because it is         in their mother's name?

e) Can a gift deed of a property executed in any sub-registrar office in india, irrespective        of location of the property. If yes, how to proceed ?

Please let me know your precious advices for the above points.

Regards

 

 

 



Learning

 2 Replies

sanjeev murthy desai (Advocate)     22 November 2024

Now, the query is : a) Can my cousine  alone become leagal heir  by default as the property belongs to his wife and was purchased with my cousine's own earnings and his wife expired without executing any will?

Ans: No, all legal heirs have 1/5th equal rights.

b) If (a) above is yes, how can my cousine claim his sole leagality against his wife's                    property?

Ans: Approch the civil court with declaration suit

c) Whether all  children of my cousine i.e. daughtres and sons will become leagal heirs            against the property?

Ans: yes

  d) Whether only daughters will become leagal heirs against the property just because it is         in their mother's name?

Ans: all children and husband also considered as legal heirs

e) Can a gift deed of a property executed in any sub-registrar office in india, irrespective        of location of the property. If yes, how to proceed ?:

Ans: No.

Read more at: https://www.lawyersclubindia.com/forum/leagal-heirs-of-property-reg--236307.asp#reply

T. Kalaiselvan, Advocate (Advocate)     23 November 2024

Presuming your cousin is a Hindu by religion, upon death of his wife, the property on her name shall devolve equally on all her legal heirs namely, her husband, sons and daughters.

Your cousin can transfer only his share in the property in favor of his chosen son, he cannot take law into his hand to transfer others share of property to his chosen son. 


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