Legal Question in Wills and Trusts in India
Property division in a family as per hindu succession act
We are three children, two daughters and one son.All of us are married. My
father expired in Dec 2005, leaving behind his estate which consists of a huge
house and some
money. All his property is earned property. My mother expired in 2003.We
are not sure if has left a will. We have searched everywhere but could
not trace the will. My brother claims the following:
1. As per the Hindu Succession Act, he has the sole ownership and right
over the house as he has been dwelling and residing in the house with my
father. And that as per this act, he can transfer the property to his
name, without the consent of the sisters.
2. Since he is the nominee for most of the accounts, deposits and shares,
he has relased it and preserved it for his use after 6 years. And that we
can stake no claim as he is the nominee.
Kindly clarify if the above points are legally valid. If they are not has
the case got any strength for the daughters to fight for their share?
3 Answers from Attorneys
Re: Property division in a family as per hindu succession act
A nominee does not get a right over the property, but is duty bound to distribute the assets of the deceased in a valid and legal manner. Daughters , as per the recent amendments also have an equal share in their fathers property. You can contemplate of filing a suit for partition, caliming your rightful share in your fathers properties.
Re: Property division in a family as per hindu succession act
Daughters and sons are treated equally - both have same rights. A nominee is a mere 'trustee' of the property till it is handed over to its right full owner. You may contemplate filing a suit - keeping in mind family peace, sometimes it is necessary not to litigate to keep peace in family. You must decide based on your wisdom, and requiremnet of the day.
Legally - you can recover the said property and are entitled to do so.
Re: Property division in a family as per hindu succession act
Your brother is making attempt to illegally grab the property,
1. Married Daughters have a right in the immovable property of their father;
2. Properties recieved by someone as nominee do not make him/ her the owner of the same. A nominee is only entitled to recieve the property and casted with a duty to preserve the same in trust for the rightful claimant. the daughters will have right to claim share in movable assets as well.
You can successfully file a civil suit against your brother claiming rights in hte property/ ies left by your father.
Please contact for further details.
Ankur Mittal
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