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My Dad died property on my mother name
05-Jul-2023 (In Property Law)
Sir I belong to a Hindu family. My father was Class One officer with Central Government and My Mother is a Housewife. My Father Purchased and Built a house on his own but it's on my mothers name. We are 2 brothers & 3 sister's 5 in total. Sister's all married, One is a doctor and us in US with her husband for past 7 years One is a Government employee Other One is widow and is getting family pension from RAW. Our problem his that My Sister's are always bad mouthing our mother against us (me and my elder brother) though all family responsibilities are full filled by US. And they wants our mother to make a will on theirs (sister's) name only. My mother is also getting pension . Me and my brother are doing well in our career's From past 3 years I am living in other state because of my wifes Job. Please advice what should we do to protect our rights & what may happen?
If your mother writes any will in your sister’s name then you cannot do anything . After her death the property will automatically be transferred to your sister’s name.
If a female Hindu’s property who dies intestate will devolve as per the rules set out in Section 16 where firstly it will go the sons and daughter, it also includes the children of any predeceased son or daughter and the husband. Here even though mother died without executing any Will the property shall devolve to the daughter/son. Supreme Court had in one of its decision, set at rest the long drawn controversy related to inheritance of property which belonged to a Hindu married woman who died intestate held that her husband’s side cannot claim it if she had got the property from her mother’s side. Supreme Court relied upon Section 15 of the Hindu Succession Act 1956 and thus decided the matter. The court said Section 16 of the Act “evolves a new and uniform order of succession of property (by a female Hindu) and regulates the manner of its distribution”
If a female Hindu’s property who dies intestate will devolve as per the rules set out in Section 16 where firstly it will go the sons and daughter, it also includes the children of any predeceased son or daughter and the husband. Here even though mother died without executing any Will the property shall devolve to the daughter/son. Supreme Court had in one of its decision, set at rest the long drawn controversy related to inheritance of property which belonged to a Hindu married woman who died intestate held that her husband’s side cannot claim it if she had got the property from her mother’s side. Supreme Court relied upon Section 15 of the Hindu Succession Act 1956 and thus decided the matter. The court said Section 16 of the Act “evolves a new and uniform order of succession of property (by a female Hindu) and regulates the manner of its distribution”
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Adv. Siddhant Sharma
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