• Ancestral property

My maternal grand father has a flat in bandra, Mumbai. He passed Away in 1983 making 3 nominees ie his wife, elder sob and younger son. My grandmother passed in 1987. So the house nominee was the elder son. The younger son I. The mean time relinquished his rights to the elder one. 

They are basically 6 siblings. 2 daughters and 4 sons. The elder son one who has nominee and the 3rd son has been staying in the house. But in 2001 the elder son has passed away. His wife stays in the same house. Along with the 3rd son and his family. But they have separate kitchen. Now all the other siblings want a share in the property. Including the younger brother who relinquished his share.
The elder sons wife has taken legal advice to make the property in her name as her husband was a nominee. But the elder son has not made any wil in his wife's name. 

My query is : Is it necessary that the flat needs to be in the name of the elder sons wife's name?

Can all the other siblings claim right

Also the 3rd son who is staying I'm the house will create problems for partition as he has been staying in the same house and doesn't have any other place. 

Please advice how will all the siblings get heir rights
Asked 10 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) nominee is only trustee for legal heirs

2) on demise of grand father and grand mother each sibling would have one sixth share in the house . 

3) you have to issue legal notice to claim your share 

4) if other siblings refuse file suit for partition to claim your share in property 
Ajay Sethi
Advocate, Mumbai
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suit for partition would take around 10 years to be disposed of

it is better to arrive at an out of court settlement 
Ajay Sethi
Advocate, Mumbai
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1219 Consultations
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1.A nominee is just a trustee of all legal heirs. Nomination does not operate to restrict the operation of succession. On the demise of your maternal grand father the flat has devolved on all his children through succession. The share of elder son  devolved on his widow and all children after his demise. If there is a positive agreement among the heirs then a deed of partition can be drawn up to divide the property, failing which any heir can file a lawsuit for partition to claim his/her share in the property.

2. It may take up to 2 years in the ordinary course. Out of court settlement is most advisable.
Ashish Davessar
Advocate, Jaipur
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My query is : Is it necessary that the flat needs to be in the name of the elder sons wife's name?
The maternal grandfather before dying made a will or settlement in favor of his wife and two children alone.  Since grandmother passed away in 1987, only her share n the property can be claimed by all sons and daughters, thus it  shall be divided into 3 parts and A's legal heirs shall be entitled to 2/3 rd of the property as C has executed a registered release deed in favor of deceased A during his life time.  The other siblings can claim a share out of your mother's intestate share in the property.





Can all the other siblings claim right
You may refer the above answer.



Also the 3rd son who is staying I'm the house will create problems for partition as he has been staying in the same house and doesn't have any other place. 
If he is creating problem then he can be handled legally only and not by any comprise.


Please advice how will all the siblings get heir rights
All the siblings cannot claim any right in the 2/3  property inherited by legal heirs of deceased A.   The other siblings can claim a right to a share in the citizen A's property.
T Kalaiselvan
Advocate, Vellore
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