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Author Topic: Inheritance as per The Indian Succession Act, 1925  (Read 652 times)

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Offline AspiringNRI

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Inheritance as per The Indian Succession Act, 1925
« on: November 27, 2014, 03:53:09 AM »

I have read articles on internet which mentions that the benefit of buying flat in joint names of husband & wife is that after the death of one of the spouse, the other spouse automatically becomes the sole owner of the flat.

I have also read in other online articles that after the death of the husband, the wife will become sole owner of the jointly owned flat only if the husband has made a WILL in which the husband has mentioned that after the death of the husband, wife will inherit the entire flat.

Please clarify as per The Indian Succession Act, 1925 (Applicable to Christians)

    1. Whether WILL is required to enable wife (having 2 children above 21 years of age) to inherit the entire
        flat which is jointly owned by the deceased husband & wife

OR

    2.Since it is a flat jointly owned by deceased husband & wife and
       since in the purchase agreement of the flat, deceased husbandís name is written first and wifeís name is
       written second,
       the wife (having 2 children above 21 years of age) will automatically inherit the entire flat after husbandís
       death even without any WILL

OR

    3.Wife gets only 50% of her share in the jointly owned flat plus 1/3rd of the share of the deceased
       husband and 2/3rd of the share of the deceased husband is inherited by the children.

Offline advkhanna

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Re: Inheritance as per The Indian Succession Act, 1925
« Reply #1 on: November 28, 2014, 10:04:36 PM »
   1. Whether WILL is required to enable wife (having 2 children above 21 years of age) to inherit the entire
        flat which is jointly owned by the deceased husband & wife

Ans: husband dies without will, than the half share of the husband on the flat will be equally divided amongst wife and children. that means wife has her half share plus 1/3rd share of the half share of the husband.

 

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