on demise of bachelor brother his 10 acres land would devolve on his siblings ie 3 male brothers and surviving sister .
2) children of deceased sister would not have share in the land
Legal heirs of the deceased person
Ancestor property was divided and sold partly among FOUR males of Hindu joint family during 1995 leaving two married sisters. parents were died during 1997 and their property is also divided and shared by FOUR male brothers. Now among FOUR brothers, one younger male brother was NOT married and no offspring's died on 2014 leaving 10 acres land, Again this land was transferred jointly to the remaining THREE male brothers leaving ONE surviving female sister and second sister is no more , but she was having TWO female offspring. Whether the surviving married sister and other deceased sisters children's are eligible for the said 10 acres land?
Asked 7 years ago in Property Law
Religion: Hindu
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8 Answers
1. Only the ancestral proeprty of father is liable for division among male heirs.But if he has self acquired property then the same devolved upon both male and female heirs in equal shares.
2. The proeprty of mother is also liable to be inherited by her male and female heirs irrespective of the fact that the property is ancestral or self acquired.
3. The proeprty of bachelor brother is liable for inheritance by his brothers and sisters in equal shares.
4. So surviving the sisters and the children of the sister who has died in the meantime ca file suit for partition to claim their due share.
5. The brothers have unlawfully deprived the sahre of their sisters and they must be brought to books.
The above advice is included the amendments to the Hindu inheritance act on 2005?
Asked 7 years ago
As per Hindu succession amendment act 2005 daughters hav e equal share in ancestral property
2) in your case partition had taken place in respect of ancestral property in 1995
3) once partition has taken place it ceases to be ancestral property
4) since brother was bachelor on his demise his siblings would be legal heirs
5) accordingly daughter would have equal share in property
1. according to amendment two conditions must be fulfilled for daughter's share in the property:
a. father must alive on 20 sep 2005
2. father did not transfer the property either by gift or Will in her life time.
2. daughter cannot claim her right if both conditions are not fulfilled.
3. in your case your sister has no such right.
Whether the surviving married sister and other deceased sisters children's are eligible for the said 10 acres land?
The property that was allotted to the unmarried son shall be his own property and he had marketable title over it.
Upon his intestate death, since his mother and the only class I legal heir also died before him, his entire properties now shall devolve upon his surviving class II legals.
Father Son's daughter's son Son's daughter's daughter Brother Sister Daughter's son's son Daughter's son's daughter Daughter's daughter's son Daughter's daughter's daughter Brother's son Sister's son Brother's daughter
The above advice is included the amendments to the Hindu inheritance act on 2005?
There is no change in the intestate succession as stated above in the amendment to HSA in the year 2005.
Yes, it is made keeping in the amendment in mind.
1. The individual shares which coparceners get on the division of ancestral property becomes their separate property which devolves in terms of section 8 of Hindu Succession Act. So the share of the brother who died unmarried devolved on all his siblings including sisters equally. The share of deceased sister further devolved on her heirs i.e her widower and children.
2. The surviving sister and the heirs of the dead sister are free to file a suit for partition to cull out their respective shares in the property.
