Property

Please go through the following link.

https://www.lawyersclubindia.com/forum/Christian-law-of-succession-in-india--43743.asp

The link suggested by Mr.Rama chary Rachakonda is self explanatory.

Hello sir ,

I have read the article and tried to conclude by which an specific answer to my question be arived.

Below are the question which is still unclear.

The property is purchased by the son and he bought it and in title deed he named it together with his father and his wife. Now the person who had bought the flat has deceased and even his father has passed away . No will is made either by the son who bought or by his father. Now my question is whether the flat can fully be transfered in the name of wife who is co-owner in the property. Wife is still alive?

Can brother of the person claim right in the property as the title deed includes his father name too?

Essentially, it is said that under the Christian Law, if the owner leaves a widow, such widow retains 1/3rd of the property and the rest goes to the other lineal descendants.

However, here such widow is herself a co-owner in the property, surviving the other 2 deceased owners, which means the ownership of the other 2 could devolve upon the legal heirs as per the Indian Succession Act. However, this is a very complicated question of fact and law, and would, in my opinion, require careful consideration of the Hon'ble Court.

Originally posted by : Vikas Gupta
	Hello sir , I have read the article and tried to conclude by which an specific answer to my question be arived. Below are the question which is still unclear. The property is purchased by the son and he bought it and in title deed he named it together with his father and his wife. Now the person who had bought the flat has deceased and even his father has passed away . No will is made either by the son who bought or by his father. Now my question is whether the flat can fully be transfered in the name of wife who is co-owner in the property. Wife is still alive? Can brother of the person claim right in the property as the title deed includes his father name too?

I believe the property can be rightfully transferred in the name of the widow, for the time being. Even if the said brother challenges the said transfer, claiming share, it can be maintained that one of the 3 co-owners are still living and therefore, the ownership is still within the purview of the existing title deed, since there was no partition sought.

Thanks Arjun .

It really helped alot. So it means there would be no need of consent or no-objection certificate required from that other brother for transfer of property in the name of surviving co-owner ?

In my opinion, the title deed created a 3-way ownership in the property amongst 3 persons. Now 2 of the concerned persons are dead, one of them being the late husband of the surviving owner. Moreover, the property was purchased by the said late husband using his own money. Thus, in case there is some dispute over this, one can always contest that the property was purchased by the person for personal use and the grandfather was just named a co-owner in good faith or something. 

As to the requirements of documents, you could verify the same from the concerned department.