Advise
mehul
(Querist) 05 April 2013
This query is : Resolved
Dear Sir,
I, M leaving in ownership room, which was in my father name, after my father demise I, took NOC from my sister and transfered the same in my mother and my name (jointly).
Pls. advise in case in future if something happen to my mom then again my sister can clam on the same property.
V R SHROFF
(Expert) 05 April 2013
yes, your sister have right in your mom's property after her intestate demise.
prabhakar singh
(Expert) 05 April 2013
As your father was the owner of the room who died intestate then on his death the property was equally inherited by your mother sister and you with 1/3 rd each.
Mere grant of NOC by your sister for mutation purposes in your or your mother's favor can not take away her right to 1/3 to
vest in you or in your mother.
If your mother also dies intestate without leaving any will you and your sister would be owning 1/2 and 1/2.