Wife 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.

Answers (3)


339 votes

Yes, 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.


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77 votes

Your 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

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After 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.

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