Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rahul Gupta (Property)     14 February 2012

Property succession

My father and mother built a house in a housing society. All the documents had my father\'s name on it including the share certificate. My father died without writing a will but he nominated his wife ie my mother in the nomination paper of the society and hence the name in the share certificate was transferred to her name. I have one sister she is married. I am also married. I have one son now. 1. Can the property be transfered to my mothers name solely .
If i give a NOC can my wife contest for my right in the property if any?
If my wife separates from me does she have any right in that property?
Please advice.


 4 Replies

Nandagopal Rao (Retainer)     14 February 2012

Nomination only enables the Society to immediatley record the name in its register so that dues can be recovered.  It do not confer any title over the property. However, personal law of succssion applies as regards ownership. You have to get 'Heirship Certificate' from the competant authorties in your place (or a Succession Deed) and produce the same to the Society for recording the names of the heirs.  In case your sister relinquishes her share, then ofcourse, you will be the heir along with your mother.

Rahul Gupta (Property)     14 February 2012

I wanted to know if i and my sister both relinquish their claim can then the property be transfered in the name of my mother alone? Can my my wife raise any objection?

Zein (Employee)     15 February 2012

In this subject case, I understand that vide a HC Karnataka order, if there is an oral consent given by the father before this death, the property can be transfered to the son without a consent from Sister.Further, if the Sister is Married prior to 1990 then too the Son can have a claim on the Property.Pl clarify for reference.

Chaitanya_Lawyer_Mumbai (Lawyer)     15 February 2012

There are 3 legal heirs to the property currently you,your mother & your sister.

You 3 can decide in whose name the property would be.i.e.your mother or 50-50 in your & mother's name.

your wife has nothing to do with the process.

If you have doubt that your wife may separate,it is better to keep it in mothers name.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads

Start a New Discussion Unreplied Threads

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query