Suman
Asked November 28, 2013

Transfer of property

  • 1 Answer
  • 79 Views

I'm a single male. I own an apartment. I want to make sure that in case of my death the apartment goes to my parents. Should I write a Will for this purpose? Even if I don't write a Will, do my parents have a rightful legal claim to the apartment? Please advise.

Answer 1

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Divya Maheshwari
A person who dies without a lawful will is called an intestate. According to Section 42 of The Indian Succession Act, 1925 if intestate’s no lineal descendants (i.e. no wife, no children) are living but the father is living, the property will go to father. And according to Section 43 of the same act if father is dead but the mother and brothers and sisters are living and there is no child living of the deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares. That is, if you die then your property will go to your father. But if your father is not alive then the property would be distributed to your mother and to the brother and sisters you have in equal shares. Suppose in the last case if one of your brothers is dead then his children would have the property of his share. If you want to give the property to your mother as well when your father is alive then you must write a will stating your father as well as mother the legal holder of the property.
Agree Comment 0 Agrees 9 months ago

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