Hindu successatin act. ammended in nov 2015.
sunil
(Querist) 08 May 2016
This query is : Resolved
My father had self aquired property, which was alloted to him by his organisation in 1988, thru' hire purchase scheme. After his death in Jan 2003, property got further transferred to my mother's name in 2008, as she was nominated 100%( sole) by my father.My mother died in Mar 2015, who nominated me 100%( sole nominee), and so property got transferred to my name in Nov 2015.The share certificate is on my name.
I have 2 sisters and 1 brother.
As the Hindu Successation act 1956, got amended, which says" if the father is dead before Sept 2005, then daughters do not get their share in father's property".
I need to know whether my sisters have any right as a legal heir to get share of the property, if i sell it now.
Kumar Doab
(Expert) 09 May 2016
It is believed that you are Hindu.
You have not clarified the said property is what: say a Flat is some Co-OP society or a house.........and is under the jurisdiction of which authority say MC..........................and is in which state?
If it is a society then you need to post by laws as well.
Generically speaking: The nomination in society is not a parallel route to succession.
The succession has opened in 2003 on the day/date of death of deceased owner (father).
You may post full facts of the matter.
P. Venu
(Expert) 09 May 2016
The 2005 amendment pertained to ancestral property. All the sibling have equal share in the property.
A nominee is only the trustee holding the property on behalf of all the legal heirs.
Rajendra K Goyal
(Expert) 09 May 2016
Agree with the expert P. Venu.
please confirm your father and mother respectively has executed a will or has done nomination.
Whether it is a property in Housing Society.
H.M.Patnaik
(Expert) 09 May 2016
Pl. answer the queries raised above.
Kumar Doab
(Expert) 09 May 2016
You have posted that;
"My father had self aquired property"
You have not posted reply to the points raised.
Hence further inputs are not possible.
You may also post did anyone (sons and daughters) sign NOC/relinquishment deed upon death of father to transfer the title in the name of mother?
sunil
(Querist) 09 May 2016
Thanks all the legal experts for the reply.
I am Hindu. The property is flat in co-operative society.
The property is in the state of maharashtra.
There is no will signed by father/ mother.
The property got transferred by only way of nomination.
No legal heirs till now claimed any rights over the property,
All are in touch with me.
We all wanted to seek the legal advice.
I wanted to know whether my sisters have right over the property, as the amendment says daughters will not get their share in the property, if the father died before Sept 2005.
Please advise me.
Thanks in advance to all.
sunil
(Querist) 09 May 2016
Also wanted to state some more facts.
The father did not leave sufficient funds for my mothers living. She lived for 12 years, after my father,s death.
So in this particular case ,does my mother becomes absolute owner and does not remain as limited owner ( as legal heir ) as per section 14 of Hindu Succession Act 1956.
Regards.
P. Venu
(Expert) 10 May 2016
As already stated the property is devolved upon all the siblings. As the property cannot be divided by metes and bounds, the ideal solution is to have a family settlement or approach the court under the provisions of Partition Act, 1883.
Kumar Doab
(Expert) 10 May 2016
You have posted that:
"I am Hindu. The property is flat in co-operative society.
The property is in the state of maharashtra.'
Since you have confirmed the property is in the state of Maharashtra.
You may go thru society bye laws in the state of Maharashtra.
It is felt that as per bye laws state of Maharashtra the nomination is not a parallel route to succession and already clarified by Mr. Venu, the ClassI legal heirs have a share.
sunil
(Querist) 10 May 2016
Thanks for your instant reply !
But still my questions are unanswered.
1, Do my sisters have equal rights in the property ?
2. Does my mother becomes absolute owner of the property?
why i am asking second question is because of the amendment which came in Nov 2015, does not give daughters any right in father's property, if the father died before 9th sept 2005.
As per section 14 of Hindu succession act 1956, female becomes absolute owner of the property,if it is possessed by her.
If that is right then Father's death will not be considered as a reference for denying my sister's rights over the property.
I am in favour of dividing the proceeds in four parts, as we are four legal heirs.
Since my brother says, that due to this amendment of Nov 2015, my sisters have no rights on father's self acquired property.
I need very clear legal advice on this issue.
Thank you very much!
Kumar Doab
(Expert) 10 May 2016
1. Expert Mr. Venu has already answered.
2. Nomination in Co-Op housing society in Maharashtra is not a parallel route to succession.
Deceased Hindu Father's self acquired property shall devolve equally upon ClassI legal heirs i.e spouse, children.
Mother's share shall devolve equally upon children.
Dr J C Vashista
(Expert) 11 May 2016
I agree with experts, nomination of deceased has to pass on title and possession of property to all LRs, in terms of Hindu Succession Act, 1955.
sunil
(Querist) 15 May 2016
So the conclusion is
" Daughters have equal rights as sons, in self acquired property of father, if father died intestate, irrespective date/year of death, and it is not affected by the amendment of HSA 1956, done in Nov 2015 by supreme Court of India ."
Is that Correct?
Kumar Doab
(Expert) 15 May 2016
It has been clarified more than once in the thread.
Pls don't repeat.
