Yes you can if it is property self acquired by your dad and since he has not made any will or nominated anyone as owner of property you are having equal right to claim partition on the Saud property ...
What are the rights of a legal heir on his own fathers property? I belong to HUF
My deceased father had not made any will. My father died during the redevelopment of his flat in a co operative housing society. After that my younger brother and me gave a NOC for transferring the 100% shares of the flat on our mothers name. A couple of months ago my mother made my younger brother a nominee for having the 100% share of the said flat without my consent and knowledge . Can I raise objection over this and get 50% share as I'm the legal heir? If yes then what steps should i take?
Asked 8 years ago in Property Law
Religion: Hindu
8 Answers
Once you have relinquished your part of share you can not claim it later.
However you may withdraw your relinquishment and file a partition suit to claim your share of property.
You being a member of HUF have equal share in the property
Regards
1) on demise of father you had one third share in flat
2) mere execution of NOC does not make your mother absolute owner of flat
3) nominee is only trustee for legal heirs
4) on mother demise intestate you can claim your equal share in flat
No, as long as your mother is still alive you cannot file the objection for the 50% share in the property because your mother also have legal share in that property. But you can file partition suit before the court for the 33% share in the property.
The nominee cannot acquire the property even if he is having 100% and a sole nominee.
The legal heirs of the deceased shall be entitled to a legitimate share in the property left behind by the deceased.
You are entitled to a share in the property along with your mother and brother.
Your NOC is only for transferring the shares of the flat in the society, it is not a relinquishment of your rights in the property in favor of your mother.
Your rights in the property are safe and secured as per law.
First of all thank you very much for giving your advices on my problem. The property comes under MHADA housing society. As a follow up question I'd like to ask; As the share certificates of the property are with my mother so can she directly sell the flat or transfer and make my younger brother the sole owner of the flat without my knowledge and consent? If yes then what legal steps should i take to restrict her from doing so?
Asked 8 years ago
1) send letter to society not to give NOC for sake , gift of flat without your consent
2) mention that you had not executed gift deed or relinquishment deed in mother favour and have one third share in flat
You must immediately send a communication to the society (e-mail or letter) saying thereupon that since you have 1/3 rd share in the property therefore NOC for the same may not be given without your permission.
Regards
The share certificate is not the title document that your mothe can sell the property to anyone or that she can transfer the property as gift deed in favour of your brother.
This will not be legally valid and it will not be binding on you.