—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 nameIn 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
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