Me and my sister-in-laws right over my mothers property

711 votes

Your mom is only a flat owner as a Nominee. You, your mom and your sister in law, all three are legal heirs of your father in absence of a will. So your mother can only give her 33 percent in property to u and your SIL. Even technically your SIL cannot make a will. As only self earned property can be bequeathed by will.

Adv. Jenal busa

Advocate Jenal Bharat Busa LawRato

731 votes

YOUR MOTHER IS ONLY A NOMINEE MEMBER. SHE IS ONLY THE TRUSTEE AND NOT THE OWNER OF THE PROPERTY. SINCE THERE IS NO WILL AT THE TIME OF FATHER'S DEATH SO THE PROPERTY SHALL DEVOLVE AS PER SUCCESSION. YOU HAVE NOT REVEALED IN WHAT WAY YOUR MOTHER HAS GIVEN YOU AND YOUR SISTER IN LAW THE RIGHTS. SHE IS JUST NOMINEE MEMBER OF THE SOCIETY, IF ITS A SOCIETY. SO THE LAW OF SUCCESSION HAS GIVEN YOU THE RIGHTS AND INTEREST IN THE PROPERTY AND YOU HAVE UNDIVIDED SHARE IN THE PROPERTY. SO WHAT YOUR MOTHER CAN GIVE IS HER ONLY RESPECTIVE SHARE IN THE PROPERTY. NOBODY IS THE ABSOLUTE OWNER OF THE PROPERTY IN THIS CASE. WHAT YOU CAN DO IS OBTAIN SUCCESSION CERTIFICATE

Advocate Swapnil Harihar Patil LawRato