If son is owner and father is co-owner of the flat(House property). In case of death of father, whether son wholly ownes the property or nominees of father are also entiltled to have right. Father is having 3 children son and 2 daughters.Wht is the situation in case of Case I]no "Will" of father Case II]having "Will" distributing whole property amongst 3 children equally Case III] "will" -wholly giving all property to son?
12 Replies
CA Dhiraj Ramchandani
(CA, M. com)
(10823 Points)
Replied 08 January 2010
Case 2 & 3 have got very obvious answers..., "WILL" itself specifies the distribution, so dispute should not raise overhere
While for case 1, i'm not sure, but logical thinking says that after death of father the share of his in the property :
A - either should be distributed among all children and any other legal heir, if any, in equal ratio, here son will get additional share apart from his own share already held (which sounds little viable)
OR
B - should be distributed among the remaining two daughters and any other legal heir, if any (here son's share will be with him only, the share of father is exclusively distributed to daughters).
But, still, i think let some REAL EXPERT come or else keep this query in EXPERT'S section and let me know too.. thanx
CA.Tarun Maheshwari
(CA, DISA)
(7150 Points)
Replied 08 January 2010
In first cases, the property to the extent of father's share shall be divided equlay in 3 sons and any other legal heir like his wife (Mother of sons) and daughters can also claim for equla share. In second case, it shall be divided into 3 sons only. In third case, as per the will, it shall be given to the son in whose favor the Will has been made.
CA Dhiraj Ramchandani
(CA, M. com)
(10823 Points)
Replied 08 January 2010
Hi Tarun, that person got just one son and two daughters..... in all 3 children only
CA.Tarun Maheshwari
(CA, DISA)
(7150 Points)
Replied 08 January 2010
ok, sorry i got some misunderstanding of query, but even then, the answer will remain same with one son, instead of 3 sons as I wrote earlier. In first case, daughters can also claim share in property.
CA Dhiraj Ramchandani
(CA, M. com)
(10823 Points)
Replied 08 January 2010
Ya, thats what i have also suggested.... But thats according to just common understanding....
I mean, is this the utmost answer or can there be any deviation in case 1????
CA.Tarun Maheshwari
(CA, DISA)
(7150 Points)
Replied 08 January 2010
Yeah. It is correct to a general understanding of the query. I also have handled almost same situation. But in my case, daughters relinquished their share in favour of son. Better opinion can be given only after getting into depth of the case.
CA Dhiraj Ramchandani
(CA, M. com)
(10823 Points)
Replied 08 January 2010
Ok thanx...
And yes, in general understanding, the solution should go in that way only....
Airody Manjunatha Alse
(ca)
(100 Points)
Replied 09 January 2010
In the absence of will after the death of the father, all the childrens including the co-owner will get their respective share. If will existed absolutely no problem.
Sonal
(CA Final)
(382 Points)
Replied 19 January 2010
Actually even if father is co -owner, its just for name sake. Installments on loan taken on house property are being paid by Son.
So what will happen in this case?
CA.Tarun Maheshwari
(CA, DISA)
(7150 Points)
Replied 19 January 2010
Even if its for name sake, but legally father is the co owner, and his share shall be devided as discussed above. You can make other arrangements out of route, but legal papers shall be prepared in above way.
SRINIVAS SRIRAJ
(Chartered Accountant)
(130 Points)
Replied 20 February 2010
If the father and son have acquired the ownership by paying the consideration, the % of consideration paid by the father shall decide on the eligibility of the legal heirs (incl the son) to share the fathers' right over the property (if he has died intestate). Suppose if the father has paid only 20% of the consideration, Only 20% should be shared among the legal heirs.
Depending on whether the father has held the property in his Individual capacity or Capacity of the Karta of the family (HUF), the share has to be decided in case he leaves a Will. For the self-acquired property only, one can leave a Will and not otherwise. Hence, if he has held it as a Karta, the Will is void ab initio.
While answering this query, I was referring to an article called "Intestate Succession: Devolution Of Property After The Death Of A Hindu Without A Will" in https://www.legalserviceindia.com/article/l258-Intestate-Succession.html". Though all of us tend to answer these questions casually without ref to any legal materials, it is known clearly how complicated these things can be if you read the article referred above. The Article discusses the legal position about a Hindu only. The position may be different in the case of the Muslim law and law applicable to other relegions including christianity.
In the light of the above I feel an advocate is an apt person to answer this question precisely.
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