October 5, 2016
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4:51Now PlayingExpert: Hemang Jariwala, Advocate
Question: My wife's parents owned a property jointly. Her father passed away first and left a will for her mother making her the sole owner of the property. However, her mother didn't change the original property papers where her parents share the property. After her mother passed away she gave the property to my wife through her will. But the society now says that she's only 50% owner of the flat. My wife also has other siblings. What can be done now?
Answer: The society is wrong in saying that your wife has only 50% ownership since her father had willed his 100% share to his wife who in turn willed her 100% (which included the share of her husband) to her daughter i.e. your wife. Since none of the other siblings have challenge the wills of their father or mother nor issued any legal notice to the society not to transfer the said flat in your wife's name the society should transmit the said flat in your wife's name.
Be Un Confused
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