quesWife and son are they joint holder of husband's property after death?

Mother holds 99 % and son holds 1 % proportions of total 5 shares in flat, in co op hsg society, by agreement. Does it means son is joint / associate holder of the flat ? Pls answer. Thanks in advance.

  • ansYes, son is joint holder. It doesn't have to 50-50 ownership. Even a percentage of holding makes him part owner. If mother wants to sell property, he will have to agree.

    They can file for partition or mother can purchase sons portion.

  • ansYour query is slightly confusing. At one place you are asking legal status of Wife's and Son's share post death of Husband. In such case if Husband has executed any WILL then the rights would be governed by terms of such WILL. If not, then you both will have equal share unless there is any other legal heir.

    Insofar as the agreement is concerned whereby Wife is holding 99% and balance with Son, then they are joint owners to the extent of their respective shares. Further, whether the shares are identified in the site map of each Flat, if not then sale of such share by either party would be in the absence of any specific area annotated in each of the property

    Advocate Kunal Sabharawal

      Panchsheel Enclave, Delhi

  • ansAfter the death of the father, in the absence of a will, both the self-acquired property and the ancestral property of the deceased will be passed on as per Hindu Succession Act. However, in case there is a separate agreement governing the share of mother and son, they both will have the specified undivided share in the total property.

    Advocate Mishika Singh

      Lajpat Nagar 1, Delhi

  • Send a legal notice to builder for delay in construction @ Rs. 1999/- only

    Know More
  • 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 LawRato.com and has been responded by one of the Property Lawyers at LawRato.com 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 LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Property lawyers in India

Similar questions

sir, i gave one person a sum of money over the period of 10 months…
A purchased a flat in Delhi. He died. 15 years after his death, his wife…

My father-in-law sold some ancestral property to reconstruct there ancestral house without acknowledging his elder…

We've been working in a rented shop for more than 30 years. All rent was…

Property Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Mohammed Abdul Quadeer

  Shree Ram Nagar
 Experience: 11 years

View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly