No nominee
Querist :
Anonymous
(Querist) 29 August 2018
This query is : Resolved
My dad owned a property but he did not keep any nominee or legal heir for that property. So after his death who will get the property?
1.Will the spouse get all the property or spouse and their children will get equal part.
Kishor Mehta
(Expert) 29 August 2018
All of his legal heirs will share the property in equal parts.
Advocate Bhartesh goyal
(Expert) 29 August 2018
All of legal heirs your father will get equal share in his self acquired property .
Querist :
Anonymous
(Querist) 29 August 2018
If one of the child gives noc for not wanting any share in the property then will that be admissible ?
Advocate Bhartesh goyal
(Expert) 29 August 2018
No,after demise of your father one leģal heir who do n�t want any share h�s to relinquish his share in favour of another legal heir/heirs by registered relinquish deed.
Guest
(Expert) 29 August 2018
Equal parts of shares to every legal heir of your dad's property. The heir who does not want his share has to prepare a relinquishment deed in favor of any one or all of the other legal heirs for the purpose of equitable share of property.
ashok kumar singh
(Expert) 29 August 2018
agree with the experts views and opinion, all legal heirs will get the property equally.
thanks
ashok kumar singh, advocate
Kumar Doab
(Expert) 30 August 2018
Which personal law applies in your case?
Are you all Hindu?
Is IT some land/flat in some society?
Confirm!
Kumar Doab
(Expert) 30 August 2018
Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
The society may have some laid/accepted bye laws, precedence of asking for getting NOC.
Relinquishment deed (registered) is foolproof legal way.
The share shall devolve upon legal heirs even if some nomination was made, since Nominee is mere trustee.
