Legal Question in Family Law in India
Iam along with my wife,son and mother are staying in a co-operative housing society since the last 35 years.The flat was purchased my my father who died 8 months backwithout a will.After my fathers death the flat was transferred in my mothers name as the share certificate now shows her name as the successor as per the nomination form given by my father.My sister is claiming a share in the flat.As per law as I understand ,myself,my sister and my mother should get 1/3rd share each in the flat.However I want to know what will happen to my mothers share of the flat after her demise?Can she give all her share of the flat to my sister ?If yes,I stand to get only 1/3rd share and my sister who is married 2/3rd.
Also fixed deposits in the bank,which were in my fathers name have been transferred in my mothers name after his death as my mother was the nominee.Now my mother has nominated myself and my sister as nominees in separate FDs.Can my mother make a will and give her share in the flat as well as in the FDs to my sister?
Please advise.
1 Answer from Attorneys
yes you are right. Your mother may give her share to her daughter and your sister. you had share in the property as well as fixed deposit. Nominee is entitled to take money from the institution but your right is not taken away.
She may write her will in favour of her daughter to the extent of her share
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