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My husband is the only son and has an elder sister. Due to financial problems, my sister-in-law is staying with parents for the last 25 years. My husband was away from his house for the last 30 years due to professional requirements. We visited the parents place often. The adjacent house belonged to my mother-in-law where my sisterinlaw stays. After the death of the papernts, my sister-inlaw has occupied both the houses and is not ready to vacate one of them. Both the houses has tenants and we are only treated as guests. My sister-inlaw has also taken all monetary assets of the papernts and is not ready to give us any papers/documents. She is the nominee in most of the banks/shares as we were away from the house. Please help us to get our share.

It is fully at the discretion of the true owner of the property to take any decision about proper use of his property.Presuming in the instant case, your father is the true owner of the disputed property,he has full discretion to allow/dis-allow you or your sister-in-laws to stay in that house.However,he can transfer his interest in his properties to you through a duly execxuted Gift-Deed.Otherwise,after his death for change of ownership,law of inheritance willl  apply. The said law is given below
If a male Hindu dies without making a "WILL",then the wealth left by him are distributed amongst his legal heirs preferably equally to his class-I heirs comprising son,daughter,widow,son/daughter of a predeceased son/daughter etc. and otherwise to class-II heirs comprising father,brothers/sisters per the order prescribed in the Act.However,prior to amendment of the Hindu Succession Ac,1956 the daughters were excluded from participating in the coparcenaries ownership and thus discriminated  on the ground of  gender. It also led to oppression and negation of her fundamental right of equality guaranteed under Article 226 of the Constitution of India. Parliament felt the same and accordingly decided to make in necessary changes in the law.  Accordingly, Section-6 of the Hindu Succession Act, 1956 was substituted by a new provision vide the Hindu Succession (Amendment) Act, 2005 under which  daughters who were born and married before 1956 are also entitled to get a share in the property left by a deceased person.
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
1. upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
2. upon the heirs of the husband.
3. upon the heirs of the father, and
upon the heirs of the mother.
Partition Deed has got no legal validity unless it is registered. No transfer of immovable property can be made without executing and registering a Conveyance Deed.
In the instant case, through the law of inheritance, after the death of your father, his property will he inherited by his legal heirs including yourself.If your father made any WILL, then after his death,his share in the said property will be distributed as per the said WILL. Otherwise it will devolve upon your mother wholly as per the Succession Certificate to be issued by the court. Thereafter, your mother can make a "WILL" to distribute his wealth to anybody of her choice including her two daughters.You may get this WILL registered to prove its legal validity afterwards.Further, after the death of your mother, it will be necessary to get this "WILL" to be probated through a court.Nominee does not enjoy status of ownership.He only holds the property in trust for the beneficisaries
Alternatively to maintain peace and cordial relation within the family ,you can enter into a ''Family Settlement Deed''.It will facilitate equitable distribution of the wealth instead of concentration of the same in the hands of a few.Further,it would avoid litigation and will help to maintain reputation of the family.Even Courts have recognised such mode of settlement.However,it will also require registration of the Deed.
In view of the above, please take

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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