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Property of person who is in jail undergoing trial
31-Oct-2023 (In Property Law)
I am a Hindu. My father has been arrested and is currently in jail for POSCO (FIR lodged by other party). He has not been living in our home for 12 years now. My mother takes care of his mother at our apartment. My main question is, what happens to his property, i.e., the apartment if he is convicted?
Since he is living though behind the bars, his estate remains his own and after he dies intestate means without making any will, the property shall be devolved both upon the wife and the daughter equally. However, at this juncture you can ask your father to bequeath the property by executing a will sitting in the custody in favour of whoever you and your father want. This will not only be less expensive but also be less troublesome since the same is not mandatorily registerable and such will of course take effect after his demise. All the best, Regards.
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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