Hindu property act
Prabhakaran
(Querist) 10 November 2012
This query is : Resolved
My father, deceased, had 5 daughters and son. All the sisters are married and settled. Being the only son, my brother was staying with my father and after my father's demise, my brother continued to occupy the house.
The house was my father's self-earned property. My father had nominated my brother and one sister in the Govt. Housing Board (now known as MHADA, Mumbai). The sister, who was nominated, signed papers leaving my brother the only owner.
Can the other sisters take legal course of action to claim stake in the property?
If yes, how can they do it?
Kindly advice.
ajay sethi
(Expert) 10 November 2012
since father died intestate all 6 children have equal share in said house . a nominee is not the owner . he is amere trustee for all legal heirs . other sisters can clam share in said house . obtain succession certifcate in favour of all legal heirs. contact a local lawyer .
V R SHROFF
(Expert) 10 November 2012
ALL LEGAL HEIR HAVE EQUAL RIGHTS OF INTESTATE PROPERTY.