• Clarification on property inheritance

My husband purchase a apartment in Bangalore during prelaunching offer . He paid some amount in advance during that time. After one year he passed away. Now after five years in the handover process I am paying the rest of the amount to be purchased. Now this will be registered in my name.
I have one son n daughter.Here the question is whether my daughter has a right to claim the inheritance?
Asked 3 years ago in Property Law
Religion: Hindu

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18 Answers

- Since, the said apartment was not registered in your husband , then legally he is not owner of the property which is going to be registered in your name , 

- Hence, your daughter cannot claim inheritance on the ground that it was purchased by her father. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Yes she is entitled to half the share after your demise .

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

On the intestate ( without executing a WILL ) death of your husband, the entitlement to the share in the property devolves equally to your mother-in-law ( if alive ), you, your son and daughter. i.e., 1/4th each. Whether your deceased husband had taken insurance for the loan amount?. However if your husband had not taken insurance policy to cover the loan amount and if you are paying the rest of the amount from your own resources, then during your lifetime, except you no other person will have any right over the property, including your son and daughter.

Shashidhar S. Sastry
Advocate, Bangalore
5108 Answers
314 Consultations

5.0 on 5.0

Daughter can file suit for partition to claim share in property as part of consideration was paid by your deceased husband 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Yes definitely your daughter has a right to claim her interest in the property not as co-parceners in ancestral property but as legal heir of parents as per Hindu Succession Act 1956

You may debar both or anyone of them by executing a WILL in favour of anyone whom you think better to inherit the Apartment for the simple reason being self acquired property. 

The parents may execute a WILL in favour of anyone as per their choice provided the property must be self acquired. 

Now the present property is a self acquired property of your late husband and you as well.If you do not WILL the property to anyone during your life time and you die as intestate then your daughter and son would get equally divided between them .

If you make a WILL in favour of your Son barring your daughter then your daughter would not get anything from the property which is self acquired property and you have bequeathed it to your son by WILL.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Actually the property has not been registered on the name of your deceased husband hence he cannot be considered as the title holder.

Further since you have paid the entire balance of sale consideration amount from your own savings or your own money, the property now being registered on your name shall be legally valid.

However you can keep the money paid by your deceased husband towards advance separately to distribute the same into three equal shares in future if at all there is a claim by any child  towards this in future.

 

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

1. Irrespective of the Booking done by late Husband and now IF the Sale Deed is registered your name, THEN such property shall be classified as "Self Acquired" property in your hands and shall NOT classify as "inherited property".

2. Bye virtue of above, you being the absolute Title Owner of the Self Acquired Property, you are legally entitled to Sell /Gift /WILL/ Donate /Mortgage /whatever....  your property without any legal reference to your children or ANYBODY, whosoever.

3. Son & Daughter CANNOT claim on your property in your life time.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

No, your daughter will not have right in your self acquired property.  You can give it to any one.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

If the property is going to register on your name than your daughter will  have share after you. In prelaunching  offer does your husband had registered apartment on his name sale deed or as of now builder going to register on your name.

 

 

If it's very first time registration from builder to your name than after you your daughter will have rights. If it's already registered on your husband name and now inheritance procedure needs to be done than the property will get inherited on three if you're names. Wife, son and daughter.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

The property belonged to your husband. He passed away and hence you came into the possession although your son and daughter both have a share and she can demand her share. Being a mother you are the guardian till they attain majority.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

No, your daughter cannot claim as it is a self purchased property and not the ancestral 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Yes if he doesn't have any will then she will have a share. If he has will it will be as per will

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

if your husband died intestate then your children along with you are the legal heirs and can make a claim on the property,

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Dear Sir/Madam,

Your daughter has no right over your self acquired property.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Daughter can claim 1/3rd amount paid by husband in advance. Ownership will stay with you if you have paid the rest amount from your self earned income.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

No, because complete payment of property is paid by you after death of your husband.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

property not registered on your deceased  husband name, daughter has no share during your lifetime. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir/Madam,

You are suggested that your daughter do have the right of inheritance. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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