Rights of son in property under Hindu Law
Rohit Telang
(Querist) 05 October 2010
This query is : Resolved
My father died 8 months back without a will.Iam residing in a flat in a co-op.society in Mumbai along with my mother,wife and my son since my father purchased the flat in his name in 1973.I have a married sister.As only my mother was nominated by my late father in the nomination form,the share certificate now stands in my mothers name.Now, my sister is demanding 50% share of the flat by adding her nomination as 50% and mine as 50%.My sister also suggested to me that I should now pay her 30 Lac(current market price of the flat is 60Lac)and for thaat she will give in writing that she will forego her future claim for the flat. The fixed deposits are in my mothers name with some having my sister as nominee.My sister says that either She should be given equal(1/2)share in nomination form or I should now give her 1/2 price of the flat.She is willing to give in writing that later on(After my mother)she will have no claim on the flat.I have got following questions.
1.As I along with my wife are staying in the flat for the last 35 years what legal rights have I as a son regarding the flat.
2.Can my mother give the total nomination to my sister or can she bequeathe the flat to her through the will?In that case where will I stand?How much Iam entitled legally?If the mother is giving her share to my sister,I stand to get less than my sister.Is it not travesty of justice?Is the Hindu Law an Ass?As my mother is against me and totally partial towards my sister,how will I get equal treatment?
3.regarding fixed deposits in banks,what rights I have over it?All the FDs are in my mothers name with mine and my sisters name as nominees in separate FDs.
4.what about the jewellery owned by my mother?
Please advise me urgently regarding the above problems.How I should go about it.Iam confused.
Devajyoti Barman
(Expert) 05 October 2010
1. It is right that your sister has also share in the said house bu the extent of her share is not 102, but it is 1/3rd equal undivided share in the property left by your father in his name. So, she has got the right to claim for share but your possession in the said flat can not be disturbed by her.
2. Your mother has certainly got the right to transfer the properties in her name but only in respect of her 1/3rd share only.
3. If the FDs are in your mother's name then unfortunately you could nothing as she is the absolute owner of such FDs and she could do anything as per her wish during her lifetime.
4.The jeweleries are also her exclusive property ans she could do anything with it.
Do remember that all of you have got share in only in those properties which are left by your father only and if any of you face any problem to lay hands on your respective share, then any of you could go to the court claiming your due share by way of partition suit.
Uma parameswaran
(Expert) 06 October 2010
You can claim 1/3 .Try to understand your mother.Give affection and care.Old age people are look about their safe and security and at the same time they are eager to get care and affection .Where ever they get all this ,they shall go on that side.
