• What would happen to a land/plot registered in my name on death?

I am going to buy a land/plot by taking loan from bank.The bank representative told me to register the  plot in my name  since registering in my farther's name would be complicated.I think if it gets registered in my fathers name the property will be automatically inherited by his children
If the land is registered in my name and in future if i die what happens to the land plot.
 Will  it will be given to my brother or it will be unknown or given to government.
Asked 1 year ago in Property Law from Indore, Madhya Pradesh
Religion: Hindu
I am not sure why the BANK is reluctant to get the property purchased in the name of your father.
If he is investing money alone then the property must be bought in his name only.
However if there is difficulty to get loan in his name then he can add your names with him.
If the property is purchased in your name then he alone would be considered its sole owner and thereafter your children only inherit the same depriving your brothers/sisters , if any.
Devajyoti Barman
Advocate, Kolkata
8553 Answers
102 Consultations

4.9 on 5.0

The property of a male Hindu dying intestate shall devolve - 
(a)      Firstly, upon the heirs, being the relatives specified in class I of the Schedule; 
(b)      Secondly, if there is no heir of class II then upon the heirs, being the relatives specified in class II of the Schedule; 
(c)      Thirdly, if there is no heir of any of the two classes, then upon the agitates of the deceased; and 
(d)      Lastly, if there is no agnate, then upon the cognates of the deceased.
The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules: 
Rule 1. -        The intestate’s widow, or if there are more widows than one, all the widows  together, shall take one share. 
Rule 2. -        The surviving sons and daughters and the mother of the intestate shall each take one share. 
Rule 3. -    The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. 
 Rule 4. -    The distribution of the share referred to in Rule 3- 
(i)        Among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the Surviving sons and daughters gets equal portions; and the branch of his predeceased sons gets the same portion;
(ii)       Among the heirs in the branch of pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

In your case the ownership of the property transferred to your legal heirs after your demise by way of hindu succession act.

If the property is registered in your father’s name then the ownership will be transferred to his legal heirs after his demise.
Ajay N S
Advocate, Ernakulam
2236 Answers
27 Consultations

5.0 on 5.0

1) Of you die intestate and if your brother is the only heir, he will be the rightful heir to inherit the property registered on your name. He will need to make a claim.

2) Alternate option would be to make a Will and bequeath the land to any one that you want it to pass to. On either case of the loan is unpaid the burden of payment will be on the claimant/ beneficiary.
S J Mathew
Advocate, Mumbai
2066 Answers
86 Consultations

5.0 on 5.0

1) on your demise plot will devolve on your legal heirs 

2) if you are married plot will devolve on your wife and children 

3) your brother will inherit property only if there is no class I legal heir

4) in other words if you are not married and your parents are dead then your brother and other siblings would inherit the property 
Ajay Sethi
Advocate, Mumbai
32316 Answers
1785 Consultations

5.0 on 5.0

1.Assuming that you are a bachelor now and hold the property as owner, you can execute a WILL which contains the details as to how the property devolves to person/S after your lifetime.
2.In case, without executing the WILL the owner of the property dies intestate, then the property would devolve equally to his parents (if alive) and his siblings (only in case the owner remains as bachelor).
3.In case the property owner gets married in future and dies without executing the WILL, then the property would devolve equally to his wife & children.
Shashidhar S. Sastry
Advocate, Bangalore
1408 Answers
84 Consultations

5.0 on 5.0

The title would vest in the person in whose name the sale deed/conveyance deed is registered. So on the demise it would devolve through succession on his legal heirs. The legal heirs of a deceased Hindu male dying intestate are his mother, widow and children. The property escheats to the government only if there is no legal heir of the deceased.
Ashish Davessar
Advocate, Jaipur
20451 Answers
542 Consultations

5.0 on 5.0

Anyone dying intestate the property lying on his name shall devolve first on his class I legal heirs, if there are no class I legal heirs, it will devolve on the surviving class II legal heirs.  If you are married then the legal heirs shall be your wife, children and your mother.
Your father and brothers and sisters shall come under class II legal heirs.
T Kalaiselvan
Advocate, Vellore
22465 Answers
218 Consultations

5.0 on 5.0

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