• Legal precautions

Sir,
if the property is jointly owned by husband and wife ,then after death of husband  what is the share of wife and her two children.

here the three members have two groups.one side mother and his unmarried daughter and the other side is son and his family. the question is that mother wants her son to sign the papers so that she can sell the house and can buy two flats  means one for herself and daughter and another for son and his family.Mother and son relations are not good and trustworthy and the son is a innocent type of person.

now the son doubts that if he signs the paper ,he will have no share in his property and how can he trust that his mother will  buy another flat. is there any legal precaution for son that while signing the papers ,her mother should sign another paper to promise him  to buy another flat for her son.and if she  breaks her promise then what should be done by son to get his share.  sir total story behind this query is very miserable.so kindly take attention for the son,s rights who is very innocent

one more thing that mother and father were govt servants and mother is getting pansion  and also she recieved handsome amount after the demise of her husband,.her daughter knows and handles all about the financial structure but the son does not know.
Asked 2 years ago in Property Law from New Delhi, Delhi
1. Wife and children inherits the property in equal shares.
2. If there is so much of mistrust the  it is better to sell the property and divide the cash among legal heirs so then choose on their own about the use of the liquid money.
Devajyoti Barman
Advocate, Kolkata
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is there any will of your husband if not then it will be divided between you and your sons equally
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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Widow and children will inherit the property in equal shares. The legal heir desirous of selling the property can move to court to file a case for partition to cull out his/her share in the property. Thereafter, it can be sold by him/her.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
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I fail; to understand how and why the son's condition is miserable when without his signature his share can not be sold nor his signature can be obtained by force.
If any criminal force is used then complaint with police can be lodged.
He can file civil suit for declaration and injunction as well.
Devajyoti Barman
Advocate, Kolkata
6409 Answers
71 Consultations
4.9 on 5.0
1) both husband and wife were co owners . each had 50%share . 

2) on death of husband his 50%share will be divided among his wife and 2 children . 

3)if mother wants to sell the flat and she is willing to give son his share then property can be sold with his consent
Ajay Sethi
Advocate, Mumbai
25941 Answers
1413 Consultations
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