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Home / Legal / My dad and mom are the owners of the house. My mother just passed away last year so does that make my father the owner of the house?
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My dad and mom are the owners of the house. My mother just passed away last year so does that make my father the owner of the house?

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According to the property inheritance laws in India, there are two ways of inheriting property: through a will or through laws of succession when a person dies without making a will

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If your parents bought the house together as joint owners, then your father would automatically become the sole owner of the house after your mother’s death, unless they specified otherwise in a will. This is called the right of survivorship.

If your parents inherited the house from their ancestors, then it is considered ancestral property and your father would not be the sole owner of the house after your mother’s death. He would have to share the property with you and any other legal heirs, such as your siblings, according to the Hindu Succession Act, 1956/2005. This act applies to Hindus, Sikhs, Jains, and Buddhists for succession without a will.

If your parents made a will, then the house would be distributed according to their wishes, regardless of whether it is self-acquired or ancestral property. A will is a legal document that contains the name of one or more persons who will inherit the property after the owner’s death. A will can be changed or revoked by the owner at any time before his or her death.

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