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About Keerthika Singaravel
Engineer,Investor,Businessperson

20 Responses to What To Do If There Is No Will?

  1. ajay says:

    My mother-in -law has plot at karjat. Nomination for that plot was my father-in-law. Both passed away within duration of 6 months. My wife & her brother both are legal heirs. Mutually they have decided that their flat at mulund will be taken by brother & plot at karjat by my wife. Mulund society flat has been transferred by the society on the basis of indemnity bond & NOC by my wife. But society of karjat plot says they required Succession Certificate which is very long precedure. Is succession Certificate necessary? will by wife has to pay stamp duty for that property? please guide.

    • If the Karjat Society is a Co-operatuve Housing Society,they have no such right.
      Else,the society might be well within its rights to ask for a succession certificate.And unfortunately it involves costs and time.Link
      As a gift deed or relinquishment deed will be needed to record the mutual distribution of properties between your wife and her brother,paying stamp duty will become necessary.
      Should the plot be agricultural you might have to pay only small sums to get all this paperwork done.And as your brother-in -law and you seem to be on good terms,perhaps you could share the labour and costs involved.

  2. Anil Kumar says:

    My sister passed away and she has two childrens. Her husband obtained sucsuction certificate for producing to Government office for getting family pension for childrens. We done one partnership agreement for the property my grandfather. For this agreement sisters husband signed on the behalf of sisters children. Is the partnership ship valid? Is any other court order is required?

    • Anil do give me the details.I can’t understand the situation at all from your question.

      • Anil Kumar says:

        Sir.
        Our grandfathers land equally divided to me and my sisters by a partition. One of my sister is died earlier. That sister having two
        minor childrens. The partition is signed by sisters husband as the gardian of the minor childrens. I want to know the partition is vailed? Or any other legal requirements is needed for partition of minor property?

      • No,As long as the division is equal,no reason why it is ever likely to be challenged and you can always show how it was fairly done.
        Also if your grandfather died without a will,and his wife is also head,all his children together have the right to decide how to divide the property amongst themselves.In the absence of children,the grandchildren could do the same as long as all of them are included in the process and reach an amicable settlement and record it in writing.The settlement has to be mutually agreeable but not necessarily equal,but in case of ill-will suits could be brought in court and cause expenses and hassles.

      • Anil Kumar says:

        Sir,
        We all the persons in agree the partition. But I want to sold my shears in the partition, the buyers advocate telling that the partition is not valid because the minors property handled not properly. He is telling that minor can chalange the partition when they are comming at major. Is it correct? Is any problems for selling my shear in the partition?

      • There is that risk always,So if you are certain that your relations don’t want to dispute anything,why don’t you ask the buyer’s advocate to suggest what papers he would want to satisfy himself that his client’s rights will be satisfied?

  3. Matt says:

    Good work!Keep it up!

    • Thanks Matt

  4. Thanks.

    • Manasi says:

      Hello Ms. Keerthika, My husband and I have purchased a flat on loan from the bank I’m working with. We have not made any will or succession certificate. In case of death of either of us, would our son and daughter be the natural heirs. My husband’s mother and siblings, would they have any right on this property? Also, the telephone bill and electricity department records, have only my husband’s name. Would this in anyway reduce my claim on the house? (My husband may not agree to making a will / succession certificate)

      • Some further questions Manasi:
        Is the flat registered in your joint names?
        Are you co-consignees for the loan?
        How is the loan account funded?From a joint bank account or from one of your salary accounts?

        The answer to these questions will help establish the owner of the house.

        I will do a post on joint ownerships of property,you are likely to find it useful.I have also done a post on intestate succession in case of Hindus http://wealthymatters.com/2013/03/27/intestate-succession-as-per-the-hindu-succession-act1956/#more-5039 .Do read it to understand who inherits self-earned property in case of there being no will.

        Yes, there is a possibility your in-laws can make a claim to the house.

        If your husband is unlikely to make a will,you could strengthen the case for your children inheriting by registering them as nominees in the property papers.In property matters possession is 9/10ths of the law.So litigation can’t be forestalled but your children’s claims will be strengthened.

  5. Jerica says:

    Nice Article!

    • Manasi says:

      Dear Ms. Keerthika, Thanks for your reply.

      My answers are here :
      Is the flat registered in your joint names? – Yes, Myself (WIfe) and Husband
      Are you co-consignees for the loan? – Not followed the question (I am the main applicant of the loan, and husband is co-applicant)
      How is the loan account funded? – Funded fm my Salay Account – his contributes less than 50% by way of NEFT trf to this salary account of mine.
      Regards, Manasi

      • Manasi says:

        Dear Ms. Keerthika, Another matter is regarding my name in the electricity / telephone bills. I was finding it difficult to show my proof of address since neither of these documents have my name. Of course the Sale Deed (Document we executed for purchase of the flat), has my name first and my husband’s second. Do I have any cause for worry if these bills do not have my name ? Thanks, Manasi

      • No,

      • Don’t worry, your position is better.
        Normally when a married couple owns a residential property,it becomes the sole property of the surviving spouse in case of the death of the other.Normally this should not cause problems unless there are rifts in the family.
        If you fear that in your absence,the rights of your children, will be compromised,speak to your children if they are old enough or some relative who will help them go to court and give them proof of all the facts you revealed in the answers above.
        The simplest way to alienate your children’s rights is by first installing your in-laws in this house.So be careful to make certain it doesn’t happen.

    • Manasi says:

      Thanks, s. Keethika for your crisp and clear answers. Gud Day. Regards, Manasi

      • Your welcome.

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