• Sister's self-acquired property

Unmarried sister expired leaving her self aquired property without will in 2010.Father expired in 1992.mother expired in 2006.what is the share of 2 bothers and 2 sisters on that property .
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

You'll have to apply for a Succession Certificate in civil court after which the property would be divided in equal proportions, amongst you and your siblings.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

All will have equal share as class four heirs in case no husband children or parents are alive the property of female hindu is devolved into the heirs of father that are siblings so you all will get equal share in her 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 mother and father;

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

(e) lastly, upon the heirs of the mother.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

On demise of sister her property would devolve on her 2 brothers and sisters equally

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. Assuming that your sister died intestate ( without executing a WILL ), then the property would devolve equally to her brothers and sisters.

2. In the instant case each brother and sister is entitled to 1/4th share in the property.

Shashidhar S. Sastry
Advocate, Bangalore
4167 Answers
258 Consultations

5.0 on 5.0

Since she has no class- I heir living, in their absence the class-II legal heir will step into the picture and they will inherit her property.

In your case 2 brothers and 2 sisters are the class-II legal heir of the deceased unmarried sister and hence 4 of them will inherit her property in equal undivided 1/4th share.

So make a deed of partition to peaceably divide the property. If this is not possible then suit for partition in civil court is the option..

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) If sister is married than her husband and children will get share.

2) If sister is unmarried than her all siblings will get equal share as per class II of Hindu Succession Act.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

This is my response to you:

1. Apply for succession certificate before the District Court;

2. The succession certificate will have the legal heirs on record;

3. Then you can divide the property in four shares if there are only four surviving legal heirs;

4. The share will be 1/4th for each person.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Sir Read your comment and seen your rating please kindly you explain how can self acquired property of women shall go in joint property.

Is that you want to do or if you already know such know please kindly guide me also.

In my humble opinion the property shall divide in class two heirs as self acquired property, the amendment of 2005 was in respect to the coparcanary rights of the girl/ women (ancestral property / coparcenary property) it has nothing to do with self acquired property of women it shall devolve as by section 15 and 16 of hindu marriage act. The Hindu Succession (Amendment) Act, 2005 (39 of 2005) was enacted to remove gender discriminatory provisions in the Hindu Succession Act, 1956. Under the amendment, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son. The daughter shall now have the same rights in the coparcenary property (ancestral property of the Hindu undivided family) as a son. This amendment also repeals Section 23 of the Hindu Succession Act which disentitled a female heir to ask for partition in respect of a dwelling house, wholly occupied by a joint family, until the male heirs choose to divide their respective shares. Section 24 of the Act which denied rights of a widow to inherit her husband‟s property upon her re-marriage has been repealed. This Act has brought about a central amendment which is applicable to all the state governments.

I think you have get better knowledge to enlighten me please i would be oblige to hear your opinion.

Hope you understand.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If your unmarried sister was the sole owner of the property which was self acquired, then she has died intestate because she did not make a will.

Once she dies intestate, the surviving legal heirs, i.e. Class I heirs include her two brothers and two sisters get the share. Therefore the property of the unmarried sister goes to her two brothers and two sisters, 1/4th each as per Hindu Succession Act, 1956.Section 15, 16 of the Act, applies to your present scenario. As per the 2005 amendment, women also have claim over the property.

The father's role and 2005 amendment is not applicable, because as per your query he was not the owner of the property.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hi

1) Since your unmarried sister died in the year 2010 with out leaving any WILL, then her estate will be divided in equal shares amongst her siblings(2brother's and 2 sister's) per Section 16 of Hindu succession Act.

2) As per Rule 3 of section 16 of Hindu succession Act,

a) Subsequent to the demise of your sister in the year 2010, her property shall devolve upon the heirs of your father, AS IF THE PROPERTY BELONGED TO YOUR FATHER AND NOT YOUR SISTER and

b) The property vests in the heirs of the father ( Since father predeceased the daughter, the heirs of father will step in to the shoes of the father) as their self acquired property.

and

c) Since your father had predeceased his daughter in the year 1992, the father's heirs namely his children (the 2 brother's and 2 sister's) will succeed to the property

So in accordance to law, all of the children (2 brother's and 2 sister's) who are class I heirs of your father shall take your unmarried sister’s property simultaneously in equal shares by operation of law.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Equals share, 1/4th each.

Sec 15 (d) Hindu Succession Act.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Here in your question you have clearly mentioned that your both the parents are not alive than only your siblings are remaining and secondly never mentioned that your family comes under HUF, thirdly not mentioned your other sisters are married or unmarried.

Answers are provided on virtual understanding basis that your sisters are unmarried and all you brothers are sisters stay together and your family does not come under HUF.

on that above basis answer has been provided.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Since you are a Hindu, ALL the residual legal heirs, are entitled to EQUAL share in the deceased's property (IF there is no will).

2. A Family Settlement Deed may be duly executed, amongst all the residual legal heirs, with mutual consent and signature and therein the ratio of share of property can be decided and finalized.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The property owner i.e., your unmarried sister died intestate, then the properties left behind by her shall devolve equally upon the heirs of the father of the deceased sister.

Since you and yor siblings are the heirs of your father then all the four of you shall be entitled to an equal share out of her properties.

Section 15(1)(d) of HSA, 1956, refers to this provision of law

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. Since it was your unmarried sister's self acquired property, the property would devolve equally to 2 brothers and 2 sisters.

2. There cannot be any relevance to amendment to Hindu Succession Act in the year 2005 for the property you have referred, since as per your narration it was your unmarried sister's self acquired property who died intestate. This amendment to Hindu Succession Act in the year 2005 is in respect of Ancestral property and not for self acquired property of your unmarried sister, who died intestate.

Shashidhar S. Sastry
Advocate, Bangalore
4167 Answers
258 Consultations

5.0 on 5.0

To be Equally shared. Law does not differntiate shares between genders.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The same will be divided equally among the 2 brother and sister.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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