Can anyone from the family whose name is not appearing on property share certificate claim his right on the flat in absence of a will?
Question asked by Mr. Vijay D. Kalke from Mumbai, India:
Father expired without making a will and nomination. He owned a flat in a society in Mumbai. His wife and one of the sons (two sons only) are already incorporated as joint members of the society i.e. their name appears on share certificate. Can other son whose name is not appearing on share certificate claim his right on the flat in the society?
Thanks
Vijay D Kalke
Vatsala Answers:
Yes, despite the nomination, the laws of inheritance will take effect and both the wife and two sons will have equal shares. I am presuming the parties are Hindus. Otherwise it will devolve on all in different shares as per the community to which you belong. But everyone will have a share.
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