• Nephews demanding share in property

Dear Sir,
We belongs from a Hindu family and we are 2 sisters and one elder brother . I am the youngest sister. We both the sisters were unmarried. My elder brother expired long back in 80's and his wife expired in 2010. He had left behind 4 childrens.  The whole property (house and land) is in the name of my elder sister. After my sister's death in 90's, being her own blood related sister I am supposed to get the property. Now, my nephews are also claiming the share of the property.
Please suggest whether they have any right to claim the share of the said property.

Asked 3 years ago in Property Law from Barasat, West Bengal
1. If the property is registered in favour of your elder sister then she was the absolute owner thereof during her life time.

2. Are your parents alive?  In the event that your sister died without making a will, all her properties, movable and immovable, devolved equally on her legal heirs.

3. If either of your parents is alive then he/she alone succeeded to the property. 

4. If your elder brother pre-deceased your father then the property shall devolve, firstly, on your father's heirs i.e his widow. daughter and the 4 children of your deceased brother. So your nephews have a share in the property.

5. You can claim your share by filing a suit for partition in the court.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

A. How's your sister acquired the property is very much crucial issue in your case? In case your sister acquired the property by way self earned income, then only she is the absolute owner of the property. In such case, your sister's class I legal heirs will have shared over the property.

B. In case your sister acquired the property by way of inheritance after the demise of your parents in the absence of a will. As a result of inheritance by excluding other heirs in the legal records, all are (you, mother, predeceased brother's 4 children) entitled to get a share by filing partition suit over the property.

C. Contact local advocate who is an expert in property law. In my opinion you can contact Mr. K.K. Ganguly, who is expertly the same in West Bengal.
B.T. Ravi
Advocate, Bangalore
833 Answers
57 Consultations

5.0 on 5.0

1) i presume it is self acquired property of your deceased sister and that your parents are also dead 

2) since she was  unmarried on her demise her property would devolve on you and your nephews (since your brother predeceased your sister his share would devolve on his 4 children )

3) in the event you refuse to give them a share they will file suit for partition
Ajay Sethi
Advocate, Mumbai
45705 Answers
2688 Consultations

5.0 on 5.0

1. As per Section 15(1)(d)  of Hindu Succession Act,1986, the property of your deceased unmarried sister whose parents are deceased,  will devolve upon the heirs of her father,

2. In the instant matter your nephews will have the share of their father's share of the said property i.e. presently 50% of the property.
Krishna Kishore Ganguly
Advocate, Kolkata
18535 Answers
449 Consultations

5.0 on 5.0

Your nephew have equal right over the property, General rules of succession in the case of female Hindus.-

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.

(b) secondly, upon the heirs of the husband.

(c) thirdly, upon the heirs of the father, and

(d) fourthly, upon the heirs of the father, and

(e) lastly, upon the heirs of the mother.
Minansu Bhadra
Advocate, Kolkata
384 Answers
28 Consultations

4.9 on 5.0

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