My father died due to covid two years ago and he didn’t leave behind any will. My mother, who is in her seventies, has clearly mentioned that she doesn’t want to write a will either. A few years back, I bought a flat in Mumbai with my mother as a co-applicant. I have paid regular home loan EMIs (equated monthly installments), and my mother did not contribute to the down payment either. I understand that in case anything untoward happens to my mother, my US-based sister and I will have equal rights to our parents’ properties. Does this apply to the flat which I co-own with my mom. Will my sister have any rights to this particular property?
—Name withheld on request
As per your query we assume that you are a Hindu. With reference to your father, we assume that there is no right or interest of any other person in the property and that the same were held only by him and that his properties are self-earned and self- created. Further, we understand your father had not created a Will. Thus, as per Hindu Succession Act (HSA), for the assets that were owned by your gather, a succession or legal heir certificate has to be acquired from the competent civil court. Succession certificate is a document that gives legal heirs the right to inherit the assets of the person who died intestate. As per the HSA, Class I legal heirs for your father’s assets will be his mother, spouse, children, widow of predeceased son, etc.
Likewise, in case your mother passes away without a will, her assets would be distributed according to the laws of intestate succession for a female Hindu. As per the general rules of succession in HSA, all her assets will be distributed equally between you and your sister in equal proportion.
Thus, after your mother’s lifetime, your sister will have right in the assets not only inherited or owned by your mother but also the assets that were purchased by you in your mother’s name
In case your mother has no will, then after her lifetime, you will have to obtain a no-objection certificate (NOC) from your sister for your mother’s share of the property (even if it was purchased by you) to have the same transferred in your name. One of the simplest ways to overcome such a difficulty is to request your mother to make a will for her assets including the assets purchased by you to overcome any ambiguity and the need for an NOC from your sister. Alternatively, to be on the safer side, your mother can gift her share of the property to you vide a registered gift deed. This provides clear ownership and avoids future inheritance issues.
Having said the above, the situation with the co-owned property can be complex and may depend on various factors such as the specific laws governing property inheritance and ownership in your region. It is highly advisable to consult with a legal expert who specializes in property and inheritance laws. They can provide guidance specific to your situation and help you understand your rights and potential steps to protect your interests.
Neha Pathak is head of trust & estate planning, Motilal Oswal Private Wealth.
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Published: 26 May 2024, 04:38 PM IST