my father has in own flat he made his nominee his wife & younger son after his death?

Question

soc. transfer the share certificate to mother & Younger son (me) and know my mother & i want to sell the flat my big brother wife who is stating with us has an given writing objection to soc. not to sale the flat brother live him and married some other woman and stating in other state & he has on objection for selling flat why soc. are not allowing us to sale the flat how right is my brother wife application see is not nominee

Answer 1

If you all are Hindus by religion,in your father's property if he died without leaving any will, according to the Hindu Succession Act, 1956 his wife i.e. your mother, you & your brother have legal right as per class I relatives of the Schedule as given in the Act, If you brother was not alive then only your sister in law as his widow had the right to get in it not otherwise. So even if she has filled objections with him alive no problem such objections will be dismissed by the court.

Answer 2

Has your father left a Will ? As a Nominee, the Society has rightly transferred the Share Certificates to the Nominees on the death of the Member. But the Nominee is merely a Trustee until the actual beneficiaries are determined in accordance with law. If the Will names your mother and you as beneficiaries wrt Share Certs., you would still have to get it probated if your other brother who is also an heir (though not Nominee for these Share Certs.) has contested the Will. If there is no Will and your brother has no objections, then your brothers ex wife's objections are not maintainable. Your brothers current wife can only claim rights or interest in your brothers assets, after he dies. If there are any other heirs, you would have to get their consent for the sale of the flat, whether there is a Will or not. Nomination does not bestow title. Nominee is only a Trustee.

Answer 3

OK, let me see if I understand. Your father has passed away leaving his flat (apartment) to you and your mother. Your older brother and his wife live in the apartment and she has filed a petition to the courts against you and your mother selling the flat. You want to know why the courts have stopped all proceedings of the sale, correct?

Well, here in the US, and our laws are so similar, when someone files a petition like that all legal proceedings to sell the property is put on hold until the petition has been heard and ruled on.

Does your sister-in-law have a case? She has to prove that your father wasn't in a healthy state when he wrote up the will. But you have another problem and that is getting your brother and sister-in-law out of the flat, which is a while new problem to face.

Answer 4

As per Indian law is concern where a nominee is made it stands above all. In the given problem the father has nominated his wife and yound\ger son as his nominee to the flat before his death. Hence the property will be vested upon these people only.

Sister-in-law has no right over the property if it is father's self earned property, if it is a anscestral property then she can lay her claim on behalf of er kids if any.

Answer 5

Your father made a legal will before his death leaving his falt to you and your mum. Has he given any rights to your other brothers or anyone else? If not matter only be hold untill court hearing and if your sister in law dos not hav any valid paper work which shows that she is also included in will then it will only delay in court but flat will goto you and your mum in the end. Spartan

Answer 6

You father can do any thing for his property.