A flat is owned by a man, wife, one of their two daughters and the respective son-in-law. Each one is entitled to share the property equally. The wife has passed away. She had no independent income or hereditary property. Upon the wife’s death, her share was legally divided between her husband and both the daughters. Given that the flat was funded by the man with self-earned income, in the event of his death, will his share have to be legally apportioned to both daughters? Or can he make a Will of his choice?
Chennai
Self acquired property of a Hindu male, in the absence of a Will, normally devolves on his surviving legal heirs viz., mother, wife and all his children in equal shares. If a person is desirous of varying the shares or wishes to set apart any portion of his assets to any specific person mentioned above or to any third party or entity, the person can execute a Will clearly indicating as to how his properties and assets have to be distributed after his lifetime. It is also possible to execute a Settlement (Gift) Deed during the lifetime of the property owner with or without reserving a life interest. These documents have to conform to certain parameters for validity and stamping aspects. Please consult a lawyer for necessary advice.
I have booked a flat in Ambattur, Oragadam in April 2013. The project has 32 units in one block and three more similar blocks are yet to be developed. The builder has finished 80 per cent of the work and all the people who have booked flats have paid up in full. Now, he does not show any interest in finishing the project. Kindly recommend who we need to approach to take action and get him to finish the project.
Chennai
You have to look at the terms of the agreement between the buyers and the builder and ascertain the timeline within which the building should have been completed. If there is a default on the part of the builder, the buyers, either individually or collectively can issue a notice calling upon the builder to comply with the terms agreed upon. If the delay continues, you can initiate appropriate legal proceedings in a court having jurisdiction over the matter or go through arbitration if the agreement provides for the same.
