Hi

meet (Querist) 06 April 2013 This query is : Resolved
Hi,
Sir, in my father property my mother name was mentioned as nominee.After taking concern from my mother the same was transferred jointly i.e. my mother and I, myself.

Can my sister claim on my mother share, If, my mother make will that after my death the share on this property be given to my grandson. Pls. advise.

Regards

Follow Query

Report Abuse

Devajyoti Barman (Expert) 06 April 2013
If the transfer was made properly like through registered gift deed then your sister can not claim share.
The point is how was it transferred in your names?

Vidhi Joshi (Expert) 06 April 2013
no your sister's claim don't have a stand if the said property is self earned by your father.

prabhakar singh (Expert) 06 April 2013
I am afraid to note that neither query nor the answers are clear.
NOMINATION IS NOT LEGAL MODE OF LAYING DOWN ANY SUCCESSION.

When property was of your father who if died
intestate(without leaving a WILL)then your mother and you two sisters inherited the properties of father as per Hindu succession Act,equally 1/3rd each, irrespective of any nomination.Then your mother can for best favor you for her 1/3rd share by leaving a Will to operate after her death or transferring it in her lifetime by a registered Gift deed or by a registered relinquishment (QUIT)deed making you able to own 2/3 of the property left by your father.

But neither you nor your mother can eyeup your sister's 1/3rd.