Widowed sister returns to fathers house to live. Father passed away and she has two brothers and one sister and mother is alive. Does she have rights to fathers or parents property under the Hindu succession act? Is there a will required for her to make a claim? Can the brothers deny her her claim? Thanks advise.
The deceased father's property will pass upon the surviving legal heirs which includes all the sons and daughters (irrespective whether married or widowed) and the surviving wife. This is in case the father died without any will.
Incase he executed a will, his property will devolve upon the beneficiary in accordance with the will, post his death.
Incase there's no will executed by the father, her claim can't be denied by the brothers.
Just in case, in which year did the the father died?
Sister has one fifth share in deceased father property if he died intestate
2) if deceased father left a will property would devolve on beneficiaries mentioned in will
1. Assuming that your father died intestate (without executing WILL), then his self acquired property would devolve equally to all his legal heirs, in the instant case to your mother and your siblings in the ratio of 1/5th share, i.e., 20% each.
2. In case of Ancestral Property, your widowed sister is entitled for equal share, along with other legal heirs, if your father was alive as on 9-9-2005, as per Amendment to the Hindu Succession Act, 2005.
3. Brothers cannot deny the rightful share of their sisters.
4. However, it is up to the sisters to claim their share in the property or the Sisters may relinquish their share in the property in favour of other legal heirs by executing a Registered Release/Relinquishment or Gift Deed in favour of other legal heirs.
Widowed sister is a class two heir. she can claim the right only in the absence of class 1 heir. in your case she has two brothers and a mother. and according to the Hindu Succession act brother and mother cell be treated as class 1 heir. therefore in presence of class 1 heir she cannot move and application under Hindu Succession act for get a share in the father's property
1.Yes,if the father has left without Will after 2005 then the daughter has equal share in the property of the father along with her mother and brothers.
2. Whether is proeprty of father is ancestral or self acquired does not make difference as regards her share to the property .
Hi, she is a legal heir to the property as per Hindu succession act .. She has a equal share in the property,and there is no WILL that is required to claim her right .. If the father has made a WILL in the name of any particular child then he will be absolute owner and no one else could claim share in the property
If we assume that your father passed away without a will then the property will be devolved as per the Hindu succession act i.e., all the legal heirs will get 1/5th Share.
But if the father has left a will then the property will devolve as per the will.
1. She has equal on the properties of her father who has died intestate, along with her mother (if she is alive) and other brothers.
2. No will will be required to establish her said claim since it is as per per right as mentioned in Hindu Succession Act.
3. The brothers have no legal right to deny her inheritance of her late father's properties.
The sister whether widow or otherwise is a daughter of her deceased father hence is entitled to a share of his property if he is reported to have died intestate.
Her brothers cannot deny her share, if they do, then she may approach court of law for filing a partition suit to claim her legitimate share in the property.
