• Does married sisters have a share in father's self acquired house

My father had 5 sons and 3 sisters and a wife. My father had acquired a house in 1973. He did not executed any will and died in 1975. My mother died in 2013.My all the 3 sisters got married prior to 1980.out of 5 sons of my father 1 son died unmarried in 1985 and another son died leaving his widow and son. will my sisters have a share on my father's self acquired house with retrospective effect? since the the Supreme Court verdict came in1985.
Please give me your valuable advice.
A.Ramakrishna,
Visakhapatnam
Asked 7 years ago in Property Law
Religion: Hindu

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15 Answers

1) it is self acquired property of your father

2) on your father death intestate in 1975 you have one ninth share in property

3) on death of un married brother in 1985 his one ninth share would devolve on your ur mother ,you and your siblings

4) on death of married brother his share would devolve on your mother , his widow and son

5) on mother death intestate in 2013 her share would devolve on you and your siblings equally

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

1. Your sisters have equal share of your father's properties who died intestate.

2. The sisters also have equal share along with their brothers, of their mother's share of their father's property.

3. Hence, your demised father's properties will be equally divided in to 7 parts each part to be claimed by all 4 living son (or their legal heirs as one son has already died) and 3 living daughters.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

Your sisters have equal share in property

Judgment of SC is applicable only in respect of ancestral property

3) it would not be applicable to self acquired property of father

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

1. All the brothers and sisters have equal share of 1/7th of their father's properties.

2. Legally you can not ignore their claim of their father's properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

SC judgment is only with respect to ancestral property

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

Your sisters have equal share in property

You cannot ignore sister claims

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

The daughters have legal right on their father's properties with retrospective effect.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

1. They have equal right being 1/7th of your father's properties.

2. You can not ignore them.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

1. Upon the intestate death of your father, since your mother is also not alive, and your unmarried brother is also not alive, the property would devolve equally to the living 3 brothers, widowed wife & son of your deceased brother( totalling to 1 share) and your 3 sisters in ratio of 1/7 th share each.

2. The Supreme Court's order has no relevance in the instant case as the property in question is your father's Self acquired property and the Hon'ble SC Judgement is in respect of Ancestral Property.

Shashidhar S. Sastry
Advocate, Bangalore
5388 Answers
329 Consultations

Your fathers property is not comes under the head Ancestral property. Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The Supreme Court of India has said that women do not have the right to inherit ancestral property if their fathers died before September 9th, 2005. The view of the Supreme Court is that amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The father would have to be alive on September 09, 2005, if the daughter were to become a co-sharer with her male siblings.

After the death of your father his property equally distributed among his legal heirs. In the present stage mother was died and one unmarried brother was died so the property distributed among 4 Son and 3 Sisters equally.

You could not ignore their valid claim over the property. If they file a partition suit you will constrained to give their share

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

1. The Andhra Pradesh Amendment relates to only ancestral property, not the self acquired property of father. The house acquired by your father was his self acquired property, hence the AP amendment does not apply at all.

2. The property of your father has devolved equally on all his children. The share of your sisters is at par with your share, which they can cull out by filing a suit for partition.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Your father's property shall devolve equally on all his legal heirs including his daughters even though they were married before or after his death.

The property shall be divided into seven equal shares and each children of your father shall be entitled to one such share.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

if they had a share to what extent? if not can we ignore their claim?

Your sisters will be entitled to an equal share along with your brothers, i.e., 1/7th share

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

Will the Supreme court verdict has any retrospective effect?

The supreme court verdict has nothing to do with this property share, it is applicable only in respect of ancestral properties.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

if they have leagal share to what extent? If not can we ignore their claim?

As per Hindu succession act, 1956, the daughters are also entitled to an equal hare along with the sons out of their father' property. Therefore your sisters shall be entitled to 1/7th share in the property equally to that of other sibings

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

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