Who is a legal heir to MHADA property

2 years ago

Friends father had a house in MHADA bldg. He passed away intestate last year. Now friend wants to out the property on her mother's name. She and her brother are the 2 siblings. Brother is refusing to sign documents to transfer property to mom's name. Mother is worried about what will happen after she passes away. Daughter is divorced and is living in said property since many years. A lawyer they consulted said that if mom does, property will be divided equally between the 2 siblings along with their spouses and kids. Ie my friend and her daughter plus her brother, his wife and his 2 kids. Is that true? Shouldn't the property be divided only into 2 parts- the 2 siblings?

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.After the death of your friend's father in intestate condition, his property has been devolved upon his widow and two children, each having undivided one-third share therein. Therefore, before the death of your friend's mother, she can always gift her undivided one-third share in favour of your friend in registered manner so that during the lifetime of her mother, your friend will be the owner of undivided two-third share in that property and then her brother's share will be restricted to undivided one-third.

Please take note that if your friend through release Deed in registered manner transfers her undivided one-third share in favour of her mother,then the situation will be complicated because then after mother's death without making any Will, her two-third undivided share will devolve upon her two children and therefore the brother will be the owner of undivided two-third share in that property as a whole.

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