Saahil Gupta (Service) 14 June 2010

Share in Mothers Property

My Mother has a Flat in Co-operaive housing society in delhi. ( Self earned property)

We are two brothers and one sister.

My mother has made nomination in favour me and my brother.

There is now dispute between brother and sisters regarding the share.

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My Query is::

1 Does my sister have right in property?

2 Does the nomination in favour of me and brother in society register gives some right to brother?

3 How the share will be distributed?

Reply Follow

4 Replies

Daksh (Student) 14 June 2010

Dear Aman,

In the self acquired property the giver has absolute right to dispose off as he/she wishes and there cannot be any lawful challenge to the same.

Best Regards

Daksh

Saahil Gupta (Service) 14 June 2010

My mother has nomination in favour of me and my brother so we have right over the property

Iqbal A. M. Shaikh (Advocate) 14 June 2010

Your mother has nominated you does not mean she has made a will to transfer property to you after her death. Nomination is a facility for legal documentaion and representation. Your sisters can claim their share in Court as per the relavant personal laws.

kranthi (retainer advocate) 16 June 2010

First of all the property is self aquied so she can desolve that property at her own wish to any one. Secondly the property will come equally to u all after her death. in nominee both of u shown as nominee. bith u will get equal share. if meanvile u r mother not trnsfer the property