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Legal heirs of diseased husband's self acquired property


19-Jan-2023 (In Property Law)
me and my husband purchased flat jointly, he passed away two years back and builder is asking for affidavit cum indemnity bond to give possession.i have two minor children.i would like to know who are his legal heirs. this is not inheritance property.
Answers (5)

Answer #1
830 votes
When a person died intestate without creating a will then all legal heirs inherit the property by way of succession. In your case all your children & you have equal right over the property. Thanks & Regards.
Answer #2
695 votes
Hi,
What is the terms of Agreement for Purcheased flat? If purchased jointely and in the event of death of any one the surviving will have obsolute right to the purchased flat, only death certificate to be enclosed in the obsence of Will & power of attoney registered. There is question of your two minor childern . If the document is executed in your favour in the event of death of any one you will inherit in the demise of your husband.Ensure you have the required documents. You can make A New Will of testimony in favour of your minor childeren with a legal guardien after taking possection of the purchased flat and register the Will.
Adv.Ambrose Leo
Amravati
Answer #3
531 votes
In respect of ur husban share ...u and and both sons have eual rights if der is no will left by him...if der is will den his share vl go to d person named in will...u can sign on behalf of ur minor sons as natural guardian.
Answer #4
571 votes
Madam
you are owner of 50% share in flat while your husband was owner of remaining 50%.share. For his 50% share, inheritence applies. For that matter the requisition of builder is not improper. Yourself and your two minor children are three heirs of your husband. ( if your mother-in-law is alive then she is fourth heir of your husband). All heirs have equal share in husband's 50% share.
Regards,
Ravikant Thumbre,
Advocate.
Answer #5
902 votes
all three are the legal heirs in this context. children being minor, you will be held as a guardian for them and, once they are major, they will get their share independently. the builder has demanded a proper document to safeguard any claims against him

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