Succession
Querist :
Anonymous
(Querist) 30 November 2010
This query is : Resolved
I have a house in the name of my mother. my father and mother both have since died. i want to sell this property.my parents have thee issues my two elder sisters and me. one of my elder has also died. who will sign the sale deed?
n.k.sarin
(Expert) 30 November 2010
you,your elder sister and heirs of died elder sister will sign the sale deed.
Sri Vijayan.A
(Expert) 30 November 2010
Yes, I agree with Mr.Sarin.
All the said persons are co-owners of the property.
To prove the ownership, you have to produce the dead certificate and legal heir certificte of ur parents and ur sister
Querist :
Anonymous
(Querist) 01 December 2010
Thanks to all of you for this information. Is it due to the latest revision of law in which daughters were given parental share? Is this new amendment is applicable with retrospective effect? please explain.
R.Ramachandran
(Expert) 01 December 2010
Dear Anonymous,
The latest amendment in Hindu Succession Act, 1956 granting equal co-parcenary right to daughters relates to ancestral property. The said amendment has nothing to do in your case.
Since the property is self-acquired (as opposed to ancestral) property of your mother, in terms of Section 15 of the Hindu Succession Act, the property of a female Hindu dying intestate shall go by way of inheritance to:
(a) firstly upon the sons and daughters (including the children of any predeceased son or daughter) and the husband.
In the instant case, since your father had died and your elder sister had died (but she had left behind her son(s) / daughter(s)) the property in the name of your mother has to go by way of inheritance to the surviving son and daughter, and the son(s) and daughter(s) of the pre-deceased daughter (i.e. your elder sister).
In other words the property has to be divived into three shares - one each to the surviving son and daughter, and one to the pre-deceased daughter. The pre-deceased daughter's share would go equally to the son(s)/daughter(s) fo the pre-deceased daughter.
