Re: transfer of share in chs property

Pinky Shah (Querist) 28 October 2024 This query is : Resolved
Existing flat owned by
1. Mother -Aged 80 years +
2. Unmarried daughter aged approx. 54 years.

Other Existing living family members
1. Step son
2. 2 daughters ( One married & another Jain priest/ sadhviji)

The unmarried daughter died instate on June 23, 2024 ( without making will / nomination)
Now, they want to delete the name of deceased unmarried daughter.

The society is asking for release deed by the existing daughter ( married & another jain sadhviji) & step son to mother.

The question is whether society is right is asking such release deed.
Alternatively what would be procedure for transferring the deceased daughters share to her mother.

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Quick Summary

When an unmarried co-owner of a jointly held property dies intestate, her share typically devolves to her mother according to the Hindu Succession Act. The housing society's request for a release deed from other family members, such as stepsons or other daughters, may be misplaced if they are not the primary legal heirs. It's advisable to clarify the legal position with the society, potentially through a legal notice, to ensure the correct procedure for transferring the deceased's share to the surviving mother is followed.

SIVARAMAPRASAD KAPPAGANTU (Expert) 29 October 2024
Am I right in understanding that a Flat is jointly owned and one of the Joint Owners died in testate and you are merely requesting the society to remove the name of the deceased joint owner?

T. Kalaiselvan, Advocate (Expert) 29 October 2024
The Hindu Succession Act also states that the property of a deceased female Hindu is distributed in the following order:
To the sons and daughters, including the children of any deceased son or daughter, and the husband
To the heirs of the husband
To the mother and father
To the heirs of the father
To the heirs of the mother
In your case, the mother is available in the order of succession hence she only can be considered as the legal heir and successor in interest to succeed the estates left behind by the deceased unmarried daughter.
The society cannot demand the other legal heirs if they are not eligible especially while the mother is alive to sign the release deed.
The share of the unmarried daughter in your situation shall devolve only on her mother (if her father has died) in the order of succession.

SIVARAMAPRASAD KAPPAGANTU (Expert) 29 October 2024
Yes, I agree with Shri T. Kalaiselvan. Society need/should not insist on release deed from other coowners as they are not eligible to receive any share in the deceased person's estate.

kavksatyanarayana (Expert) 29 October 2024
A mother who is 80 years old has one unmarried daughter who is 54 years old. The other surviving members are one stepson and two daughters (one married a Jain priest). What about the other daughter (the third daughter)? Is this correct? Whether the 2 other daughters are stepdaughters or not?

P. Venu (Expert) 30 October 2024
Provisions of HMA apply to Jains as well. In terms of the stipulations of Section 15 and 16, the property of the deceased unmarried daughter has devolved, exclusively, upon the mother. As such, the demand of the society management is based on the misunderstanding of the law. You may, through a legal opinion/notice apprise them of the correct legal elements as well the position.

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