Kailash Joshi (accountant) 21 September 2013

Property acquired by father in name of mother

Dear Sir/Madam,

If a husband has purchased property in name of his wife and son, and died what are rights of legal heirs :

(a) in case if no will, is made?

OR

(b) In case Will is made and has mentioned all the properties including Jointly owned Properties as mentioned above?

and applicablility of Benami Properties Act on above???

Thanking you in anticipation.

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 22 September 2013

A property was purchased on the names of wife and son, thus title to the property is already there and very clear so intestate death will not arise. A Will may not cover the property bought under Benami transactions until and unless it is proved while probating the Will

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VIRAJ KADAM (Advocate Supreme Court of India) 23 September 2013

Dear Friend After death of the father his property would devolve upon his legal heir including his wife. In your query the property was purchased in the name of wife and son. Now, this property would be spare from law of succession. Father could not have disposed off the property which is not in his name by a WILL. This WILL is bad in law.

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