Shares in husband's flat after his death.

Husband, sole owner of flat holding total 5 shares died intestate. Can his wife hold 99 % and son 1 % proportions of total 5 shares in flat in co-op housing society by making agreement?

Answers (2)

297 votes

As hurban died intestate first requirement is to acquire letters of administration from the Bombay high court so as to get the right to administer the property of the deceased in accordance with law. After obtaining letters of administration, the administrator can deal with the property subject to succession act and other laws. In sociery the wife and son can apply for joint membership with the no objection from other legal heirs if any. Also making an agreement for release of share of son does not arise now as the mother can act as a natural guardian if the son is minor....If he is major a family settlement deed can be executed..

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

59 votes

Share is an asset. Ultimately to be viewed by its convertible price. There is no restriction which the law poses for individuals to determine division of there assets by agreement. Irrespective of the rules that the society may have prohibiting division of a share in to fragments, these mother and son can determine their rights in those shares by an agreement, whether the society approves it or not.

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Property Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles