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Division of property of mother after her death
24-May-2023 (In Property Law)
We are about to get some ancestral property from my mother's side. My mother is no more. Will the property come to me or my father? There is also a flat that my mother owned in which father is the nominee. There is no Will regarding that flat. Who will have the flat? We are hindu by religion.
As per section 14 the Hindu Succession Act the property in the hand of a Hindu Woman will be her absolute property and includes the property which she has inherited regardless of whichever side. Thus, it will devolve upon firstly her children, husband and children of pre-deceased children. Where the flat is concerned since there is will regarding it it will also devolve in the same manner as stated above.
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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The main thing in your matter shall be will. The question of getting the ancestral property will depend whether your mother's name has been there on the will of your grandfather (mother's father) and how much share will she get from her father's share. The share in the property of your mother's father (grandfather) will be allotted to you. So, as the flat which is in the name of your mother, will be firstly given to your father. After your father is no more, then the flat shall be transferred in your name. If you want to acquire the flat, then in such case, you shall get a relinquishment deed writtern in favour of our name specifying that your father is relinquishing the flat in your name and he shall have no objection in transferring the same to you.
So, mainly two things would be required in your matter would be-
a. will of your mother and your mother's father (nanaji)
b. relinquishment deed in favour of you from father in relation to transferring the flat in your name.
So, mainly two things would be required in your matter would be-
a. will of your mother and your mother's father (nanaji)
b. relinquishment deed in favour of you from father in relation to transferring the flat in your name.
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Adv. Siddharth Gupta
Gurgaon | 100+ Answers
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