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Family member died property issue
29-Oct-2023 (In Property Law)
Husband and wife with 2 children's (both girl) one aged 22 and second aged 14 lives in a flat located in Mumbai which is in name of Husband' Father
Husband without making any will passed away ..Do wife get any kind of share though the Flat is in the name of husband's father or they are left behind getting nothing..Please advice What is the law
This is my response to you:
1. Since it is on husband's father, the mother of the husband will also get a share;
2. The brothers and sisters of the father will also get a share;
3. The wife and two children will get the share of the deceased husband (whatever it may be, depending on how many brothers and sisters he had);
4. Consult a local lawyer with full facts of the case and then take steps.
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Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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In your case, Husband's father did not transfer the flat to the Husband's name. In the absence of the will. The Husband's heir i.e wife and daughter are jointly entitled to husband's share in the property. I.e if father died before 9.09.2005 then husband and all his brothers and mother have share in the property, if the father died after 09.09.2005 the husband, husband's mother, husband all brothers and sister's have share in the property.
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