Partition of residential flat

All the legal heirs of the owner of the flat have equal rights in the property of the deceased. In the event of the death of any of the legal heirs, their respective legal successors inherit their part of the share.

IT is good that you have posted that deceased title holder/owner was Hindu and all involved are Hindu.

Was mother of deceased father alive as on date of death of father?

If yes, she is also has equal sharebeinga ClassI legal heir!

Hope deceased has not left any valid WILL.

Was mother a nominee per valid nomination for flat?

On basis of which valid/registered document/dded mother became sole owner as per your post say; NOC as per society bye laws OR say Relinquishment deed signed by rest of ClassI legal heirs?

 Confirm! 

IT is good that you have posted that deceased title holder/owner was Hindu and all involved are Hindu.

Was mother of deceased father alive as on date of death of father?

If yes, she is also has equal sharebeinga ClassI legal heir!

Hope deceased has not left any valid WILL.

Was mother a nominee per valid nomination for flat?

On basis of which valid/registered document/dded mother became sole owner as per your post say; NOC as per society bye laws OR say Relinquishment deed signed by rest of ClassI legal heirs?

 Confirm! 

Thank you for the reply.

Amarnath's mother died in 1949 when he was 3 year old whereas Amarnath died in 2010. Amarnath died intestate (without a will).

Amarnath's wife was a nominee for the residential flat. However, relinquishment deeds were not executed by other legal hiers in her favour nor was any NOC given to society by other legal hiers for transferring the flat in her name.

I'd be glad to see your response.

Thanks in advance.

The society can transfer in the name of nominee, per valid nomination.

The nominee is mere trustee and may transfer share of legal heirs to legal heirs.

 

 

Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………(including pre-deceased/deceased sons and daughters). The share of deceased sons and daughters devolves upon thier ClassI legal hiers since they are present.

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

I have posted detailes illsutrartion with applicable enactments in another thread;

"Transfer of society shares on nominee" in Experts section...

You may pick up relevant points..

Here the sons, daughters include pre-deceased/deceased sons and daughters.

The share of deceased sons and daughters devlve upon their ClassI legal heirs since they are present..