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Share in ancestral property
02-Feb-2023 (In Property Law)
Two sisters, mother died, elder sister has got the Nomination in society record change to 70%( her) & 30 % younger sister without consent, name of property in Mother( deceased now), there is argument now, what is the legal standing of younger sister. thnks
Nominee is only a Trustee in respect of the rights of the legal heirs. As per the Hindu succession act, the rights of thedeceased member devolves on the legal heirs including married daughters in equal proportion unless otherwise provided in a Will. I presume that your mother died intestate, therefore, if both sisters are the only legal heirs then the property rights would devolve equally amongst the legal heirs. The younger sister can claim 50% right in the property by filing a partition suit in the appropriate court.
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Adv. P A Narayanan
Mumbai | 25+ Answers
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