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Navin (None)     18 May 2015

Jointy held property with wife

I hold an apartment and a plot of land jointly with my wife , with me being the first holder and my wife being the second holder. I wish to know

1 ) In the event of her pre deceasing me , without a will , then will I become the sole owner or my two children also become co- owners being legal heirs.

2) Can my wife will her 50% share to her son and daughter.

3) Can I will my share of 50% to my relatives , other than my own children. Its a single apartment and a single plot.

4) Do I have to give more share to my wife if she files for divorce. She files for divorce.I have heard that it will become 75% her share and only 25% my share. ( as per the strict divorce rules now in place ).

5) Does the scenario change if I file for divorce.

Both the properties are self acquired. 



Learning

 2 Replies

bsrao   18 May 2015

1. You will be entitled for your share in her half. The property of anyone who died intestate is distributed in equal shares among - mother, spouse, children.

2. Yes. She can.

3. Yes. You can.

4. Depends. Not necessarily in the ratio you mentioned.

5. Depends on the grounds. The court shall evaluate who should be supported by whom and to what extent considering variety of parameters.

saravanan s (legal advisor)     19 May 2015

1 ) In the event of her pre deceasing me , without a will , then will I become the sole owner or my two children also become co- owners being legal heirs.

your wife share will devolve on you and your children in equal shares.i.e your wife 1/2 share in the property will be divided into three equal parts.you will get one and each of your children will get one part

2) Can my wife will her 50% share to her son and daughter.

yes she can will her share to anyone she wants

3) Can I will my share of 50% to my relatives , other than my own children. Its a single apartment and a single plot.

yes you can

4) Do I have to give more share to my wife if she files for divorce. She files for divorce.I have heard that it will become 75% her share and only 25% my share. ( as per the strict divorce rules now in place ).

no since she is coowner she will get only 50% of it and not more than that

5) Does the scenario change if I file for divorce.

no she is entitled to same 50% share in the property

Both the properties are self acquired. 


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