Hindu sucsession Act 2005 Hindu sucsession Act 2005

5 years ago

I have two married sisters. Both got married before the death of my parents. My parents expired in March 2005. My question is that do my sisters have any claim on the property which is still in my mother's name ? How can I get the property transferred in my name ?

ROBERT D ROZARIO

Responded 5 years ago

A.If your parents died intestate and no will in your favour, then all three of you are entitled to share the property equally. In your case, each one of you gets 1/3 share in the property. By the recent landmark judgement, Supreme Court has ruled, that a Hindu daughter, whether married or unmarried, be it from mitakshara or dayabhaga school of law, whether the father died before the amendment came into force, shall henceforth have equal rights in property of HUF. This ruling shall have retrospective effect of the amendment in Hindu Law.

For transfer of property, follow the instructions of Advocate Ravi Bhushan Pd Sinha.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ambrose Leo

Responded 5 years ago

A.In any case for transfer of property your sisters consent of Noc. is required.
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Vidhi Samaadhaan Vidhi Samaadhaan

Srinivasan Ellappan

Responded 5 years ago

A.when did your sisters get married exactly? How did your mother acquire property? Documents are to be checked to give any response.kindly consult a lawyer.
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.Whether that property is ancecstral or self acquired by your parents? Kindly clear your question. If ancestral then you can are legal heir of that property by birth but if self acquired then it depends on the mood of present owner of that property.
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Vidhi Samaadhaan Vidhi Samaadhaan

Shivaleela Gujare

Responded 5 years ago

A.may i know the source of the property is the property from your father's self acquired or is it inherited from your father or is it a property from your mothers mother
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Vidhi Samaadhaan Vidhi Samaadhaan

Rajeev RJ

Responded 5 years ago

A.They will also have one right over your mother property.

regards

Rajeev
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Vidhi Samaadhaan Vidhi Samaadhaan

Ravi Bhushan Pd Sinha

Responded 5 years ago

A.Yes ,under Hindu succession act, after death of mother your sisters are entitled to share in the property and hence they can claim their share in the property.But ,if they wish, they can relinquish there share in your favour and after deed of relinquishment the property can be mutated in your name. It is also possible that you may purchase shares of your sisters and then get the property mutated in your name.
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Vidhi Samaadhaan Vidhi Samaadhaan

Sushama

Responded 5 years ago

A.Hello

Yes your sister can claim on the property.
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