Hindu Family : 4 sisters, 1 brother, father and Mother 1. An apartment in a co-operative society was purchased in the joint name of Mother and Son. in 1996 Feb. Dastavej: In the sale deed First Name : Mother ( aged 55 years - house wife ) Second Name : Son ( aged 30 years, employed Share Certificate name : Mother 2. Mother dies in 1996 December - No will was created by Mother Father gets Share Certificate name transferred to Son's Name in 2002 3 Father dies in 2014 - No Will Sisters are claiming rights in the apartment. Do Sisters have any legal rights in the apartment? Does Family property for a Hindu rights - amendment which came in 2005, applies to the property in question? What are the chances of Court giving a judgement in favour of sisters?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Sister shall have right on the property , as mother died intestate on her 50 percent share all the siblings and father shall have equal rights.
Also father demised without will so his share shall also be equal distributed.
The sisters may file suit of partition and can seek there share in the property.
Just to confirm - Amendment in the law ( that sisters/daughters have equal rights ) came in 2005. So can that apply to the transaction that happened in 2002 ( shareCertificate was transferred to Son's name ). Now is that transfer of name in share certificate legal? since that occurred prior to 2005? My question is in the context of law amendment and the the date of transaction. Thank you
It is not ancestral property
2) on mother demise her 50 per cent share would devolve on husband , son and daughters equally
3) daughters can claim share in property by filing suit for partition for division of property
See it was not ancestral property mother demised intestate and for same daughters had right before the amendment also as per succession act 1956.
Hindu succession act 1956 gives equal rights in property to sons abd daughters in self acquired property
amendment act of 2005 gave equal rights to daughters in ancestral property
Amendment act not applicable to your case
1. Irrespective of the date of transaction of the property, the sisters, alongwith their brother are entitled for equal share in the deceased parents' share in the property, as the parents died intestate.
2. Since the property was initially purchased in the joint names of mother and son, unless otherwise stated in the document, your mother was holding 50% share in the property and later on it was transferred in your father's name, who in turn transferred it to his son. Upon the death of both parents, all children are entitled to equal share in the main share of parents.
3. Amendment to Hindu Succession Act in 2005 cannot be applied in the instant case, as the property is a self acquired property and is not a ancestral property.
Share certificate has no relevancy to the inheritance issues.
It would be considered as a joint family property.
Every member of the family shall have equal right to the property.
The Hindu Succession Act 1956 did not give daughters the right to inherit ancestral property, unlike their brothers who were considered sole heirs. Women could only ask for sustenance from the family. This changed with an amendment that came into effect from September 9th, 2005. While this was seen as a huge victory for Indian women, the Supreme Court's latest stance has left many disheartened, while the same condition does not apply to a woman's male siblings or the male heirs of the family. A bench of Justices Anil R Dave and Adarsh K Goel held that the date of a daughter becoming coparcener is on and from the commencement of the Act. The Supreme Court of India has said that women do not have the right to inherit ancestral property if their fathers died before September 9th, 2005. The view of the Supreme Court is that amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The father would have to be alive on September 09, 2005, if the daughter were to become a co-sharer with her male siblings.
Your property does not comes under the head ancestral property. Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/ settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.
After the mother’s demise her 50 per cent share would devolve on husband, daughters and son equally. In your case father also died intestate, so daughters can claim share in property (in 50 per cent) by filing suit for partition.
In the jointly registered property the share of property of the deceased mother shall devolve equally on all the legal heirs.
The daughters being legal heirs of the deceased mother, they are entitled to a legitimate share in the share of the deceased mother at par with the son of the deceased mother.
Their rights or share cannot be denied.
You can arrange for an amicable partition or family settlement to solve this issue peacefully and amicably with mutually agreed conditions.
Firstly, the share certificate is not a title document. The transfer of entire shares to your name without NOC or consent from your sisters is not legally valid or maintainable in court of law.
The latest amendment to the law of inheritance has nothing to do with the current situation.
The rights for their legitimate share to your sisters cannot be denied or rejected.
The court will give verdict in their favor.
Hence instead of unnecessarily agitating over the matter, better decide about an amicable solution to solve this matter when it is at preliminary level.
1. Under the Transfer of Property Act, the Title-Owners are:
a) Mother = 50% share
b) Son = 50% share
2. IF Mother expired without a WILL document, THEN by legal default "ALL" the residual Legal Heirs of Mother (means 4 sisters, 1 brother, father) shall LEGALLY have EQUAL share in Mother's 50%. This is irrespective of the amended law.
3. Transfer of Share Certificate NEVER would constitute Transfer of Property of Mother's 50% to Son, in anyway, whatsoever & whichsoever. The Title of Mother's share shall remain defective, for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /whatever.... UNLESS a Release Deed is executed in favor of Son, by the alive residual legal heirs of deceased Mother .OR. a court decree (Letter of Administration) is obtained for Mother's 50% share of property.
Keep Smiling .... Hemant Agarwal
VISIT:
Who actually made the payment in purchase ?
If only father than sisters have equal share, 1/5th share each.
2005 Amendment is related to equal right to daughters in ancestral prosperity and in self acquired property, she have equal right since 1956.
1. much depends on from what source was the consideration paid for purchase of the flat
2. was the consideration paid out of joint family funds or the exclusive funds of the mother and son?
3. if the flat was purchased using the funds of mother and son then it becomes their self acquired property
4. if the flat was purchased out of joint family funds then it becomes a HUF property
5. assuming the flat is self acquired, then on mother's demise, her half share will devolve on her husband and children [equally] - see section 15 of Hindu Succession Act
6. mere transfer of share certificate in the exclusive name of son does not confer full ownership rights in the flat in favour of son. Share certificate is not even a title document!
7. so the sisters can claim their share through the mother
8. assuming the property is HUF property then since the father was alive on 9.9.2005 [when the Hindu Succession Amendment act was passed giving daughters equal rights in HUF property], then sisters can claim as coparcenors.
9. whatever may be the holding - self acquired or ancestral - just because the share certificate stands in the sole name of the son - he does not become absolute owner of the flat - the sisters can nonetheless claim either through the mother [in case flat is self acquired] or as coparcenors [in case flat is HUF property]
Dear Sir,
Let them fight partition suit. It is purchased in the name of you and your mother jointly. You have to prove that you have purchased the property by your self earned money only. There is no contribution of father and mother.
If at all they claim the property only in the mother share i.e half of the property. In that half of the property you will also get one share.
After your mother her children had a share. Since the property was transferred in 2002 therefore no share to the sisters. You have a strong case.
Regards
Yes i am stating as per the amendment only. Your sisters are entitled to nothing.
1. Sisters have equal right on 50% share of the flat along with their brother.
2. As per the said amendment, sisters will get equal share of the parental property but not the ancestral property if the father died before the year 2005.
3. There is a very high chance that the Court will allow shares of 50% of the flat equally in favour of all the legal heirs of the late mother.
1. The amendment is with retrospective effect.
2. The act of transferring the share certificate in favour of the son without the consent of the daughters might be challenged before the Court.
3. The said amendment does not affect the right of the daughters to inherit mother's properties.
1. The amendment is with retrospective effect.
2. The act of transferring the share certificate in favour of the son without the consent of the daughters might be challenged before the Court.
3. The said amendment does not affect the right of the daughters to inherit mother's properties.
it is not ancestral property. son and daughter get equal share. your sister have equal share in the property.
Dear Querist,
Your query can be answered by quoting a landmark judgement passed by the Hon'ble supreme court in 2018 titled as Danamma @ Suman Surpur vs Amar 2018 SC.
SC held that a daughter's share in ancestral property could not be denied on the ground that she was born before the 2005 HSA Amendment; and the amendment was applicable to all partition suits filed before 2005 and pending when the amendment was framed.
Hopes this solves your query.
You can contact me for consultation. If any,
Regards,
YUGANSHU SHARMA
ADVOCATE
DELHI HIGH COURT
If the property is currently on your name then sisters cannot claim the share in property.
Yes hindu succession act will apply on the property.
Chances are very low but they can prove that property was purchased by father then chances can improve in their favour.
If there was a legal partition happened before 2005 it will not affect it. But she will have rights in the property not decided or illegally distributed before 2005
