Property rights
ECM Invincible
(Querist) 14 April 2014
This query is : Resolved
My elder sister got married 15 years ago, she has her own business and also runs big school, her husband is renowned businessman, has lot of property in NCR, hill stations and in small towns.
I’m doing satisfactory job. My mother has a small property from maternal side, my maternal grandfather & maternal grandmother is no more now it’s been more than 8 years, and my father is no more too.
Now plz tell me does my sister has a share in this maternal property? If yes, then plz let me know how much share.
And also if she has the share then how should I proceed so that she can’t claim it in future.
SURESH BV, Advocate
(Expert) 14 April 2014
No where you have have stated to which religion you belong to. However, I am answering the query assuming that you belong to Hindu religion.
Your sister too has equal right to that of the right you are having in the property left by your mother. Section 12 of the Hindu Succession Act, 1956 specifies that the property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-
(a) firstly, upon the sons and daughters etc.......,
If you want that you sister should not claim it in future then get a registered Release/Relinquishment Deed from your sister.
Anirudh
(Expert) 14 April 2014
Dear ECM Invincible,
The only way in which you can ensure that the property which is currently in the name of your mother becomes yours in future, is to get a WILL executed by your mother and to get the WILL Registered. The WILL needs to be attested by two witnesses. Your mother can give good reasons why she is giving the property only to you and not to your sister. Your mother should be in a good health and sound mental state at the time of making the WILL. In fact, it would be a very good idea to get the will hand written in the hands of your own mother, get it attested and then have it Registered. (Otherwise, one can say that the WILL has been got signed forcefully, by exerting undue influence, pressure, coercion etc., and challenge the WILL.)
Rajendra K Goyal
(Expert) 14 April 2014
Agree with the experts, a good and practical suggestion from expert Anirudh ji.
T. Kalaiselvan, Advocate
(Expert) 15 April 2014
First of all your mother inherited the property from her maternal side and even if she has inherited from any other side also, the property on her name will be her absolute and own property which she can dispose it in any manner as per her sweet will and wish, nobody has any right or interest in the property as per law during her life time. Suppose she is leaving abode intestate then the property will be equally shared by all her legal heirs. Thus the economic status of your sister or yours will not be taken into account for a share or any claim in the property.
