Yes it will help transferring her share in your name
Legal heir
My Father has expired and survived by my mother,myself and my sister(however she has expired and survived by her husband and 13 yr minor daughter).No will on the property. Question 1 : So can my sister husband claim any share(1/3 or my sister share) or legally it is would go my sister daughter who can claim it herself if she is a major else being a minor her father can claim that share. in simple terms once she(my sisters daughter) is a major would her NOC and release deed help in transferring her share(sisters share) property to my name. (Reason being : 50% of my earning has gone for this house (EMI was paid by me during the last phases of the loan on behalf of my dad however no evidence is available as i had deposited cash in my dads account.))
Asked 2 years ago in Property Law
Religion: Hindu
13 Answers
Being class-1 legal heir daughter of daughter would inherit equsl the property but if she would be minor then her share in property shall be claimed by her father being guardian of the daughter. Father dhall be required to be appointed guardian of daughter from guardian court under guardianship Act . Your contribution does not hamper or adversely effect the right if inheritance of daughter's daughter.
1. On the intestate (without executing WILL) death of your father, the property devolves equally to your father's mother( if alive), your mother, you and your niece(your sister's daughter). In case your deceased father's mother had predeceased him, then the property will devolve equally to your mother, you and your sister's minor daughter in 1/3rd share each.
2. Your deceased sister's husband (your brother-in-law) shall not have any right over your deceased father's property. He can only represent your sister's minor daughter as natural guardian.
3. On attaining major in age by your deceased sister's daughter, voluntarily she can execute a registered Reliquishment Deed in the jurisdictional Sub Registrar's Office in your favour, thereby transferring your deceased sister's share to you.
If your father is reported to have died intestate and leaving behind his estates, the same will devolve equally on his legal heirs consisting his wife, children and mother (if living).
Now your deceased sister's share in the property shall devolve equally on her own legal heirs consisting her husband and daughter.
You cannot get a NOC to get her share transferred to your name.
Your sister's minor daughter can relinquish her rights in the property only after she becomes major by age and her father has to execute a registered release deed relinquishing his rights over his share in the property.
Whatever reason you may give for this, the position of law has been explained ,
Your sister share in property would devolve on her husband and daughter
2) release deed would help only as far as releasor share in property is concerned
Follow up Question : my sister is married and has expired ... there is a property in her name . Please let me know can i claim that as i would be class II legal heir right ... Property is jointly held between my bro in law , my sister and her daughter.
Asked 2 years ago
On sister Denise property would devolve on her husband and daughter as class 1 legal heirs
you have no share in property
No, you cannot claim. As per law if class-1 legal heirs are not there only then question of inheritance by class-2 legal heirs arise. Your sister husband and daughter are class -1 legal heir so property shall be inherited by them only.
Only if there's no Class-1 legal heir, then only the Class -2 legal heir will come into picture. So you being the Class -2 legal heir will not have any right in your deceased sister's property.
- As per law, after the demise of your father intestate, his property would be devolved upon all his legal heirs equally
- i.e. you all have 1/3 share
- Further, after the demise of your sister , her share can be claimed by her legal heirs equally , and hence her share can be claimed by her husband with her minor daughter
- Further, her husband or you ,cannot get the share of minor daughter without a court order.
- Further , the property in the name of deceased sister can be claimed by her class- I legal heirs only
Dear Client,
In the case where the daughter of the deceased is a minor, her share of the property shall be claimed by her father who acts as her legal guardian. The appointment of the father as the guardian of the daughter needs to be formalized through the Guardian Court under the Guardianship Act.
It's important to note that this arrangement does not impede or negatively impact the inheritance rights of the daughter's daughter, who is also a class-1 legal heir.
However, it's not possible for you to make a claim under these circumstances. According to the law, the consideration of inheritance by class-2 legal heirs only arises if there are no class-1 legal heirs. In this particular situation, your sister's husband and daughter are recognized as class-1 legal heirs, and therefore, they are entitled to inherit the property.
Your deceased sister's class I legal heirs are available hence the other class legal heirs cannot claim any rights in her property
Property will divide in 3 equal share. Sister share will inherit in her husband and daughter share equally.
He husband and child will be cless one Heir after that her in-laws and her parents will be heirs after that