Apex court's recent judgement on succession act 2005
ramchandra
(Querist) 05 November 2015
This query is : Resolved
recently apex court ruled that succession act 2005 can not be implemented retrospectively. my father died in 1970 he died without making will a flat in his name was transferred in my mothers name . Now my sister is claiming her share in mothers property on the basis of 2005 succession act. what will be the position now and onwards I am Hindu and staying in Maharashtra
Anirudh
(Expert) 05 November 2015
How your father's property was transferred in the name of your mother (after your father's death)?
ramchandra
(Querist) 05 November 2015
by way of nomination of my father
Anirudh
(Expert) 05 November 2015
The transfer can happen either by way of GIFT or by way of GIFT. There is no question of any nomination, for the purpose of transfer of property from one name to another.
Upon the death of your father (without leaving any WILL), the property has to go by way inheritance to all his legal heirs i.e. your mother, you and your sisters, equally.
The property is your father's self-earned property. It is not ancestral property. Therefore by normal rules of succession provided in the Hindu Succession Act, 1956, your sisters are entitled for their share.
The Hindu Succession (Amendment) Act, 2005 has no application to the property in question. Consequently the Supreme Court decision also does not have anything to do with the property and the succession.
alexander
(Expert) 06 November 2015
It may be worthwhile to remember that a Nomination doesn't make the Nominee an owner of the Res in issue. Nominee has the same functions as a Trustee holding the Res for handing over tho the designated beneficiary. As very rightly pointed out by Expert Anirudh, the assets of your late Father who died intestate should be equally divided by the present heirs i.e your mother , your sister and yourself
K.S.Srinivas
(Expert) 11 November 2015
Agreed with Sri Anirudh.
