Property of women
L Srivastava
(Querist) 15 December 2015
This query is : Resolved
My maternal uncle (mama) purchased a plot of land measuring 1000 sq. yards which he gifted to my late mother through a registered gift deed.
My mother expired in the year 1991 without leaving any Will whatsoever. My father died in the year 2013 without executing any will whatsoever, leaving myself and my two sisters. I would like to know whether, under the circumstances as stated above, my sisters have any share in the aforesaid property of my mother more so in the light of the amendment in the Hindu Succession Act effected in the year 2005 and the judgment passed by the Hon’ble Supreme Court (Division Bench of Adarsh K Goel, J and Dave, J)in C. A7217/13 Phulvati Vs. Prakash in October 2015.
kavksatyanarayana
(Expert) 15 December 2015
author, all legal heirs have rights over the property of your mother.
P. Venu
(Expert) 16 December 2015
Yes, your sisters too have a share in the property.
Rajendra K Goyal
(Expert) 16 December 2015
Your sisters have share in the property left by their mother.
Kumar Doab
(Expert) 16 December 2015
Fully agreed with Experts.
However what exactly you want to convey by posting that the property was in your mother's name but your father has died without leaving any WILL?
Did your father had any ownership rights in the said property?
Dr J C Vashista
(Expert) 18 December 2015
Did the property devolve upon/ transfer in the name of your father? If so, all of you (borthers and sisters) are equal share holders.
K.S.Srinivas
(Expert) 18 December 2015
Yes, your sisters too have share in the said property along with you.
T. Kalaiselvan, Advocate
(Expert) 25 December 2015
This is intestate property of your deceased mother hence the same shall devolve on all her legal heirs. Since your father has died now, his share of property also shall devolve on all the surviving legal heirs. Thus you and your sisters shall be entitled to 1/3rd share in the intestate properties left behind by your mother.
Dont get confused by mis-interpreting the provision settled laws which are irrelevant to this query.
