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Srinivasan (Tax Consultant)     28 October 2016

Immediate legal heir

A and his wife both are working. In their earnings they purchased a land jointly in their name. they are having a daughter. and they are not made any will. in this situation if a or his wife dead how the property will shared.


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 8 Replies

saravanan s (legal advisor)     28 October 2016

if a dies intestate then his share in the joint property will devolve equally over his class one legal heirs his mother, wife and daughter.if his wife dies intestate then the property would devolve over her husband and daughter

Kumar Doab (FIN)     28 October 2016

Agreed with Mr. Saravanan S.

It is believed that you are Hindu.

 

Kumar Doab (FIN)     28 October 2016

If there is a provision of Nomination in Property prefer it.

Prefer to nominate in every a/c.

Obtain legal heir certificate.

Prefer to sign WILL and register it.

 

Srinivasan (Tax Consultant)     29 October 2016

Thanks Mr.Saravanan.

My doubt is  A and his wife is having 50-50 share in their joint property.

for example

property value is Rs.10,00,000.00  (then A share will be 5,00,000 and his wife share is 5,00,000) on death of his wife, wife share only to be shared between A and his daughter. I may correct sir. 

for example A will get his own share 5,00,000

and out of his wire share 50,00,000 he will get 2,50,000 and his daughter will get Rs.2,50,000.

Finally A will get Rs.7,50,000 and his daughter will get Rs.2,50,000/-  Is it correct sir.

 

 

 

Kumar Doab (FIN)     29 October 2016

You are right;In case wife is deceased. 

SHARAD CHANDRA DANEJ (Asstt. Manager)     30 October 2016

There's a difference in devolution of property of deceased male and female.

 

Kumar Doab (FIN)     30 October 2016

Right:  In last posts devoloution of property from Hindu Female in noted conditions is discussed.

If it is Hindu male it has been posted in 1st post of Mr. Saravanan S.

 

 

Srinivasan (Tax Consultant)     30 October 2016

Thanks for all. my doubt is clreard.


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