The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions in an article in the  following Q&A which was published by the Mint Newspaper on 27th October, 2021 and the online edition of the same can be found here.

My question is regarding my share in a house built by my father. The said house was built in 1990 and registered in the name of my mother and my elder brother (I was a minor then). My father passed away in 2016 and all immovable assets were transferred in my mother’s name. My mother has always maintained that all her assets, movable and immovable, be shared equally between us brothers. She has not made any Will and I do not feel comfortable asking her to make one either. My question is that in the absence of any Will, what is my share in the said house? Since the house is registered jointly in the name of my brother and my mother, she legally owns half of the house. Will my share amount to half of her share, i.e 50% of 50% = 25% or will it be her complete share, i.e 50%?

—Name withheld on request…

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