Property issue after death of father [hindu]

Supreme Court has ruled on 16/10/2016 that a daughter has no right in father'a property if he died before Hindu Succession Act, 2005, came into force. Read this judgement (attached).

My dad has died recently in 2015. So I guess the Hindu Succession Act/Amendment of 2005 is applicable. Though he passed away without making a will, for the property (2 flats and share in plot) he had filed nomination papers with the co-op housing society office who have accepted the nomination and sent us papers of joint ownership between me (50%) and my mom (50%) just as my dad had nominated.

 

Still there's no will, so is it possible my elder married sister can take us to court to get a share in either the 2 flats or the share in plot or both? She can possibly take us to court now or after my mom. My mom intends to write a will making me the sole beneficiary of her share as well.

yes she can claim her right any time . and will and nominations are two diffrent things but important here is that a nomination never overides a will . the property of housing society will be transfer to you and your mother 50%each but you have to distribute all the share of property as per succesion act . you are three people of first class heir . you the property will be devided among all three heirs equally 1/3,1/3,1/3. what you can do is you should go to registrar office and made a will from your mother in your name so that her share will also comes to you . otherwise if your mother died without a will .your sister will share equall right in whole property that is 1/2 of total property.but if your mother made a will in your name you will enjoye 2/3 share legally.

Thanks amit. So if in the future we get more flats constructed on our share of the plot my sister can claim right over 1/3 of all of them?

Whatever proprty your dad left will be distributed .its better for you to make a will in your favour from your mother side . So that you can get maximum share.

It is the duty of the Institution to go by Nomination unless they receive a stay from Court, Their duty is over there. As Your foather died in 2015, your sister is entitled for her share. As I have repeatedly been pointing out the share that comes in the hand of  woman is deemed as her self earned property. Therefore, your mother can sell, mortgage, gift or will the property as she likes

What if the son has been taking care of all expenses of his parents while the married daughter hasn't? Can i claim that from my sister's share because if she has equal right in property then she should have an equal right in expenses as well. And what about the numerous gifts that my parents have given her during her 15 yrs of marriage and till today all of which have come from my earnings? I am not asking for what I have spent on my parents but all that i have spent on my sister.

What if the son has been taking care of all expenses of his parents while the married daughter hasn't? Can i claim that from my sister's share because if she has equal right in property then she should have an equal right in expenses as well. And what about the numerous gifts that my parents have given her during her 15 yrs of marriage and till today all of which have come from my earnings? I am not asking for what I have spent on my parents but all that i have spent on my sister.

@ Ronit,

It is your moral duty to maintain your parents.If you don't parents can claim maintenance. Your sister has equal share and you can't sit on it.

 

Nomination in society is not a parallel route to sucession. It is just for the admin. convenience.

 

Therefore pass on the due share to sister and save the relationship.

 

 

 

So its not duty of a married daughter towards her parents, only the duty of son? Also its just duty of brother and parents to keep gifting and not even deduct these expenses from her share of property? It was all my hard earned income. The least my sister can do is take her rightful share but repay for all gifts that came out of my hard earned money, right? Or does a married sister /daughter have only rights and no responsibility?

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