As per the information provided, your sons are the absolute owner of the properties under consideration. You have no right over the properties as these are in his name. However, you can make up charges against the plots, which you have paid at the time of purchase.

QI bought Property In 2003 with my father as a co-applicant. The loan was fully repaid with my salary in 18 years. My father passed away in 2004 without a will. I want to sell this flat and my mother and two siblings are fine in it. What documents do I need from my mother and siblings for transfer of my share in the property in my name? — A. Sandhani

It appears that the father’s share has already been transferred to his legal account the heir According to Hindu Succession Act 1956. You may consider enlisting other co-owners as co-sellers to execute the sale of the property and asking them to gift you the consideration they would receive as co-sellers. You transfer the balance in your name from the other co-owners to a . can be achieved by executing deed of gift,

Question. If there is a property in my father’s name, will the heir be the son/daughter or my mother if there is no will? Can my father’s brother/sister claim the property? – M Janney

Assuming that your father is a Hindu male and subject to his will, if any, his property shall be transferred in equal proportion to the legal heirs of class I in accordance with Section 8 of the Hindu Succession Act 1956. In this case, their assets will be divided equally. Class I legal heirs, i.e. his wife, children and mother. Your father’s brothers/sisters are Class II legal heirs, who can get a share only if Class I legal heirs are not available and hence, cannot make any claim.

QI is 67 years old and my wife is 62 years old. We have a house in our wife’s name and we live with our 35 year old unmarried son. Will the house automatically be in my name after my wife passes away? Also, what if I die first? — PD Gupta

If your wife dies without a will, her property will be transferred in equal proportion to you and your son’s name, as per the Hindu Succession Act. If she leaves a will, she can make a will to anyone she wishes. Since the property is entirely in your wife’s name, after your demise, there is no question of transferring her.

Disclaimer: The responses are based on limited facts provided by the questions. It is advisable to consult a legal practitioner after furnishing the complete facts and documents, The responses should not be construed as legal advice in any way.