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vishwanath jaiswal   18 July 2016

Legal heirs ratio

hello sir

 

my father in law expired leaving behind her wife and daughter (married to me)

now i want to make a gift deed of a flat

as there is no will made my father in law

the advocate said that after my father in law the deceased wife and daughter becomes automatically legal heirs and hence the daughter (my wife) can gift her ratio in the flat to me 

 

but the society is denying they are saying the 100% legal heirs is my mother in law and my not wife 

and she dont have the right in the property unless my mothe in law is there after her she will become the legal heir

me confused who is saying true???

please helpout with proper justiification as per the books so that i can show to society 

regards

 

vishwanath jaiswal



Learning

 7 Replies

JustAdvisor (IT)     18 July 2016

has the society denied in writing?

Kumar Doab (FIN)     18 July 2016

It is believed that you are Hindu!

The ClassI legal heirs of deceased Hindu male are: Mother, spouse, sons, daughters.

Apparently the mother and sons are not present and there is only one daughter, hence spouse and daughter shall share the wealth equally.

 

It is absurd that society office bearers do not know even such a basic thing.

 

Probably the deceased father nominated the spouse in society record for 100% share, and probably you are not aware.

 

The Flat and society is in which state?  

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     18 July 2016

Yes perhaps the flat is in a co operative housing society. In that case the devolution of the property shall work as per the Co operative housing societies act and not the Hindu Succesion Act.Nobody is an owner of the flat in the co op housing society. The said flats are occupied on the basis of the share certificates and not absloute ownership.

 

If that is not the case, then the society is wrong .Your wife and mother in law are joint owners in equal proportion.

Mukesh sharma (job )     19 July 2016

Hi jaswal you work on as society said or you work as law said if you think according law than after your father in law death your mother in law heirs in property and if their no one son and only girl has your aife heirs in property 

in that case you have no right in property if your mother in law give it to your wife as gift deed than after your wife its transfer on your childern name not in your name 

coz property which come to mother in law or father in law to your wife its not register on your name its register only your wife name 

so here you could not get any right in this property your mother in law and your wife only right in this property 

thnks 

Kumar Doab (FIN)     19 July 2016

You have not replied to points raised by me;

 

"The Flat and society is in which state?  "

and 

 

"has the society denied in writing?" as asked by Member: JustAdvisor.

 

Nomination in society may not neccessarily be parallel route to succession.

 

 

 

Kumar Doab (FIN)     30 July 2016

Kumar Doab (FIN)     30 July 2016

Repeated again at:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=140348&offset=0


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