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Are my son’s wife and child legal heir to a joint property? - Property Hotline
Posted
March 1, 2017
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March 1, 2017
788
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2:33Now PlayingVinay Singh, Legal Expert
Q: I jointly bought a flat with my son in Pune in 2000. I bought it with my earnings and added my son’s name. My son died in an accident and is survived by his wife and daughter. I’m planning to sell the house now. Can my daughter-in-law claim her share in the sale amount?
A: Since the flat was in a joint name with your son, we need to look at Transfer of Property Act. According to the Act, when more than one person has purchased a flat jointly then they can agree between each other what the shares will be. If there is no contract between the joint buyers, then their share is decided by what contribution is being made. But in case you are not able to ascertain what the contribution is it will be assumed that both partners have an equal share. Hence, Section 45 of the Trasnfer of property Act gets applicable, wherein the third scenario is taken into account. Herein, your daughter-in-law and grand-daughter are the legal heirs to your son.
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