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Preeti Shrivastava   01 March 2021

Non nomination of daughter's name in parental property

After my father's death our house was transferred to mother's name in that only brothers are nominees my name is not there. I'm also a legal heir so how can I get my name added?


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 6 Replies

P. Venu (Advocate)     01 March 2021

"Transferred" - how? Please post material facts.

Real Soul.... (LEGAL)     02 March 2021

If your father died intestate and has not gifted the property to your mother in anyway ,then your mother , your brothers and you all are the legal heirs to get equal share in your father's property. Just issue legal notice and file suit for partition.

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 March 2021

Let your mother include your name also as nominee.Let her submit an application for that.

Preeti Shrivastava   02 March 2021

Actually she also died & after her death when I went to housing board there I saw in the property papers I got shock of my life

Real Soul.... (LEGAL)     02 March 2021

Just file a suit for partition and declaration

Your share is safe ,without wasting further time file the suit

G.L.N. Prasad (Retired employee.)     02 March 2021

A mere mutation can neither create nor delete the rights.  Merely because the name of your mother is incorporate in Housing Board, she can not become an absolute owner.   Only a title deed duly registered is a legally valid document  If the house is allotted or under finance, it may be possible that your father has nominated your mother as per laid down rules.  If it is self-acquired property the nomination holds good unless it is challenged.   

First, file RTI Application to the Housing Board and get the following information.

Information solicited.

1.Please provide me a copy of laid down rules and regulations/norms applicable in getting a housing property name transfer on the board.

2.Please provide me a certified copy of entire documents basing on which House No......................at.................................in the name of late was transferred in the name of ....................................on............................

Then with this information, contact a local advocate for a precise plan of action.  It is not clear as to why you get shocked when your father has nominated his wife or if your mother is enjoying the property as a trustee for all other co-sharers..

As your mother has expired now, all the other siblings are having rights over the property if she died intestate.  As already suggested contact a local advocate, as you are providing piecemeal information one after another with one or two sentences. What were you and others were doing after the death of your father and not taking care of such property and taxes are not known.

 

 

 


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