Distribution of Property

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

Asked on February 2, 2017 in Succession.
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2 Answer(s)

In the present case, I am assuming that your mother was the sole owner of the property and can be covered under the Hundu Succession Act and has not executed a will. After the death of the mother, the documents with the society are not relevant as the succession laws will now be applicable to determine the share of each heir.

In the case of Abhay Sapru vs Chitralekha Bakshi ( 2008(102)DRJ744) and Sushila Devi Bhaskar v. Ishwar Nager Cooperative House Building Society Ltd. and Ors. 45 (1991) DLT 318, the Delhi High Court has held that the nomination with a registered society in favor of a person cannot restrict the claim of the heirs of the deceased in accordance with law of succession governing them. Therefore, even if the society record indicate that the elder sister has more share that does not restrict the right of the younger sister as the heir to her mother's property.

Being the daughter of a deceased Hindu female, both the sisters have equal right over the property as given under Section 15 of the Hindu Succession Act read with the rules mentioned under Section 16 of the Hindu Succession Act. Therefore, the younger sister can file a petition to make a claim over equal portion of the property against her elder sister and ask for partition of her share. This is possible only if the mother has not left a registered will for the property.


Research by – Saumya Kumar

Answered on February 23, 2017.
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There is a common misconception that nomination in property transfers the ownership of the property to the nominee. Nomination, simply, mean the transfer of the assets by the nominating person to the nominee to take care of the property after the death of the nominating person. The nominee would not become the owner of the property in the present case, and would merely be the trustee of the property to act on behalf of the legal heirs of the deceased. Such a nomination would not affect the rights of succession, and merely nomination would not suffice. In the absence of a Will, the property would be succeeded as per the provisions of the succession laws in India.

Answered on February 24, 2017.
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