1. House is owned by:
a) Father - 50%
b) Mother - 50%
2. You are entitled to your share from the 50% of the Fathers share of the house.
3. You can file a civil suit to restrain the mother from selling and to transfer your share in your name.
My late father (religion Hindus) purchased a house in LIC care homes Bangalore.my mother was co-allottee. My mother has made my elder sister nominee and LIC says there can be only one nominee,and after my mother death nominee can sell and go,LIC will not ask for other legal heirs NOC.Is it really possible? 1)Can my mother when alive sell the house and deny my share?My Sister is pressuring my mother 2)Can I file suit for my share in property? 3)please mention remedy under which section can I file? What should I do? Regards Divya
1. House is owned by:
a) Father - 50%
b) Mother - 50%
2. You are entitled to your share from the 50% of the Fathers share of the house.
3. You can file a civil suit to restrain the mother from selling and to transfer your share in your name.
You can file suit for partition for division of property by metes and bounds
2) seek injunction restraining sale of property by your mother
3) nominee is only trustee for legal heirs
No she can't sell nominee is not a owner she is only a trustee. She will need noc to sell the flat. Your mother even can't make her sole nominee without your noc in society. You can object to the same
Nominee is not the sole owner of the property and he is mere trustee of the same on behalf of other co sharers .
However if the society allows the nominee to sell the property then to stop such opportunity to arrive file a suit for declaration of your equal share in the property and injunction so during the pendency of the suit the property may not be sold away to frustrate your claim.
No, LIC rules is unconstitutional. If flat is purchased by father only than all have 1/3rd share.
Partition suit will file.
Suit will file for partition under CPC. And nominee has no right except to receive benefits in hand than distribution acc. To inheritance law.
1. Your mother cannot sell the house on her own, as she is only a co-owner (as per your narration) and not absolute owner of the property. On the intestate (without executing a WILL) death of your father, his share in the property would devolve equally to your mother and children. Your share cannot be denied.
2. Before filing the suit for declaration and separate possession of the by metes and bounds, send a legal notice to your mother and if there is no response, you can file a suit in the competent court.
1. No after father demise you have share in father's property and you can file partition on same.
2.yes you can file for share of property.
3. File partition suit under hindu accession act seeking share under intestate succession of male hindu.
Hi, it is advisable to file a civil suit for declaration and injunction in order to claim your share and restrain your mother from selling the property
After your father's demise, his one half share in this property has devolved in equal shares upon his legal heirs. You are also one of his legal heir, and thus have a stake in this property. Nominee remains the mere custodian of the property till inheritance is decided.
1. No, you cannot be denied your share. Mother cannot part away with the entire house. At best, she can alienate her share in this property.
2. File a suit for partition seeking your share in this property.
A nominee is a trustee of assets and not the owner of the assets.
You can file partition at your jurisdiction civil court.
Contact a local lawyer.
She cannot sell the property without obtaining letters of administration from court.
You can file petition seeking letter of administration from testamentary court for your deceased father's estate. You will have a equal share in the property of your father bring the class 1 legal heir.
In case of immovable assets, only Letters of Administration may be obtained from a competent court as Succession Certificate is only to facilitate collection of a debt on succession and afford protection to parties paying debts to representatives of a deceased intestate.
The effect of nomination does not automatically vest in the name of the nominee to the exclusion of all other legal heirs. The rules of succession are very clear and distinct as the code is self-contained and no other third mode of succession is open for intestate succession to immovable assets. Nominee is just a custodian for the legal heirs.
1. Nominee does not succeed to the property to the exclusion of legal heirs. A nominee is just a trustee of all legal heirs whose duty is to divide the property between the legal heirs.
2. You can file a suit for partition to cull out your share in the property.
Dear sir,
1)Can my mother when alive sell the house and deny my share?My Sister is pressuring my motherAns; In the share of your deceased father you have a share as such take stay order by filing partition suit.
2)Can I file suit for my share in property?Ans: As per Sec.8 given below you are entitle for share only in the share of your father.
3)please mention remedy under which section can I file?
Ans: Since your mother is alive so she has absolute right over her share of property.
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Section 8 of Hindu Schedule Act the wife is entitled as follows:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
hi,already most of my colleagues mentioned the options available for you in this regard.Now it is up to you to decide.You file for a partition suit for your share.Your mother can't sell the property as she is not the absolute owner of the property.As this property is a intestate property now,it should be devolved to the remaining members of the family with equal share.No body can deny your share.
If this property was jointly purchased by your mother and father then upon your father's intestate death his share in the property shall devolve on all his legal heirs, hence you are eligible to claim a share out of his share that is due to you as per your entitlement.
Your mother cannot legally deny your share, you may file a partition suit if she is not coming for a compromise settlement.
Dear Madam,
Womens property is her absolute property . She can deal with the property in any manner she likes. In the event of she not leaving any will, the property will be divided equally amongst her heirs.
Thanks to all panel members. I have issued notice to LIC care homes without my consent how did they delete my name from nominee,and further not to allow sale without my consent. Can I file in Consumer forum against LIC or which court I have to file. Regards
See ask them first if they fail to respond then in that case you can file a consumer complaint against them.
File suit for partition for claiming your share in property
seek an injunction restraining sale of property by other legal heirs
It's illegal to remove your name from nomination you can file consumer complaint for deficiency in serving along with a prayer for stay from sale and creating third party rights
complaint can be filed against LIC homes for deficiency of services and unfair trade practices adopted by them in consumer court.