House property: legal aspects
Question: Will you please clarify the following regarding legal aspects of the owner of the house property?
"A is the husband and B is his wife and they have no issues. Both father and mother of A are alive. A purchased a house out of his income. He suddenly expired without leaving any will. Since there is some misunderstanding between B and the mother of A, and the property has not been divided so far,
* How should the rent received from the house property be divided?
* Is it correct that B and A's mother have equal shares of the house property?
* If so, who will be the owner of the 50 per cent share after the life time of A's mother, if no will is executed by her or vice versa i.e. who will be owner of the 50 per cent share after the life time of B if no will is executed by her?
K. Ramachandran, Chennai-20
Mr. Srinath Sridevan replies: I presume that the parties concerned in your query are both Hindus. Upon this assumption, please note that the answers to your queries are as follows:
(1) In the absence of a contract to the contrary as between the tenant and the person collecting the rent, the wife and mother of the deceased will share the rent in the same proportion that they share the property, i.e. 50:50.
(2) Yes.
(3) After A's or B's death, her properties will devolve in accordance with the provisions of Section 15 of the Hindu Succession Act. In each case, the devolution of properties would depend entirely on the surviving relatives left behind by each. For instance, on B's death, if A (the mother) is still alive, since this is a property that B has inherited from her husband, and since she has no children or other lineal descendants, the property will devolve upon the heirs of her husband, and that is, her mother-in-law, A.
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