Reading: My sister passed away last year without a will. She was married but had no children. She owned a 2BHK flat, gifted by our mother before her marriage, and a share in our ancestral property. Her husband is now claiming ownership of everything and wants to go to court. I understand that according to the Hindu Succession Act, the source of the property determines the rightful heir. Could you please tell me: 1. Does her husband have any claim to the property and gold? 2. How can I transfer ownership to my mother or myself?

My sister passed away last year without a will. She was married but had no children. She owned a 2BHK flat, gifted by our mother before her marriage, and a share in our ancestral property. Her husband is now claiming ownership of everything and wants to go to court. I understand that according to the Hindu Succession Act, the source of the property determines the rightful heir. Could you please tell me: 1. Does her husband have any claim to the property and gold? 2. How can I transfer ownership to my mother or myself?

Last updated: August 25, 2025 1:18 pm

Apni Law

3 months ago

Law Forum › Category: Property › My sister passed away last year without a will. She was married but had no children. She owned a 2BHK flat, gifted by our mother before her marriage, and a share in our ancestral property. Her husband is now claiming ownership of everything and wants to go to court. I understand that according to the Hindu Succession Act, the source of the property determines the rightful heir. Could you please tell me:

1. Does her husband have any claim to the property and gold?
2. How can I transfer ownership to my mother or myself?

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Apni Law Staff asked 3 months ago

My sister passed away last year without a will. She was married but had no children. She owned a 2BHK flat, gifted by our mother before her marriage, and a share in our ancestral property. Her husband is now claiming ownership of everything and wants to go to court. I understand that according to the Hindu Succession Act, the source of the property determines the rightful heir. Could you please tell me:

1. Does her husband have any claim to the property and gold?
2. How can I transfer ownership to my mother or myself?

1 Answers

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Best Answer

Apni Law Staff answered 3 months ago

Your sister’s husband would inherit her share in the ancestral property under the Hindu Succession Act, as it’s considered coparcenary property. However, the 2BHK flat, being a gift before marriage, would go to your mother as the original donor, or to you as her legal heir. To transfer ownership, you’ll need to file a succession certificate and register the property in the rightful heir’s name.