Life israce (service) 20 June 2024

Sra property transfer after owner's death

Please help me to get information regarding SRA property law.

Situation: SRA property (Mumbai) owner is deceased, left behind 1 Wife, 1 Son & 2 Daughters. Possession received in June 2023.

Query:

The property will be automatically transferred to Wife as a nominee?
If it is transferred to wife as a nominee then does she have further right to make a gift deed to any one (son / daughter)?
As this is self earned property & no WILL is made by owner, in this situation can we apply Hindu Succession Act to partition the property equally to his wife, son & 2 daughters?

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 21 June 2024

1. The nominee is not the owner of the property but just a trustee to receive the property on behalf of the legal heirs of the deceased property owner.

2. No she cannot transfer the entire property, but she as one of the legal heirs is entitled for a share in the property and she can transfer her undivided share as a gift to the person of her choice.

3. The Hindu succession act will be applicable.