1) Sister waived of her one third share in property on father demise
2) On Mother demise her 50 per cent share in property would devolve on you and your sister
3) she can claim her one fourth share in property
Asking right in ancestral property which was waived off
Hi there! My sister is asking her right in the ancestral property which was waived off by her in 1999. On the death of my father new entry was made as owner including me, my mother, and my sister. My sister than waived off her right in 1999.So the property was on the name of me and my mother. My mother died in 2013. Now my sister is asking share in the property saying that i am asking my right from mothers property, and not father's. here i would like to mention that property is same which she waived off and now she is asking. Is it possible that she can get right in the property which she had waived off ?
Asked 6 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
11 Answers
First you need to prove that she has waived off her right if not proved then if she is legally liable to get share you need to provide her the same being legal heir.
My father had done notorised will in which he has mentioned that he has given all what should be given to daughters at the time of marrige,now all what is left belongs to me and my mother. My sister has not challenged the will yet.
Asked 6 years ago
The issue is your mother died intestate ie without a will
2) on her demise your sister can claim share in property
1. How has she waived off her share of the property which stood in the name of your father? Did she register a relinquishment deed? If yes, then she has relinquished her 1/3rd share of her late father's property which she had inherited along with you and your mother.
2. If she has registered such a relinquishment deed concerning her 1/3rd share of her late father's property, she can certainly claim 1/2 share of her late mother's share of your late mother's share of your late father's property.
3. She has waived off her 1/3rd share of her late father's property which does not mean that she can not claim 1/2 share of her late mother's share of her late father's said property i.e. 1/4th share of your late father';s property.
1. Have you filed any application for availing grant of probate of the said will to enable your sister to challnege it?
2. If not then file an application before the Court seeking probate of the said will executed by your father in favor of yourself and your mother.
1. Your mother was holder of 50% share in property
2. On her demise her share goes to her legal heirs ie you and your sister in equal proportions
3. So your sister can claim 25% share in the property from the 50% share of mother
4. When the sister gave up her right after the demise of father, she was holder of 1/3 share. So she had given up her then share of 1/3. That does not mean that she also gave up her future right to claim a share in the property after the mother dies. She could not have done that legally as she was only a presumptive heir. Waiver or release by a presumptive heir is not binding on that heir.
5. So legally your sister does have a share in the 50% share of your deceased mother
A right in property once relinquished is relinquished once and for all. However, the share of your mother has devolved on you and your sister equally after your mother's demise. Her contention is right.
Dear Client,
You Mistaken the waiver/release of her share. Earlier on father`s death she had 1/3rd share in property which she released in your and mother favor. And on demise of mother, she will equally inherit 1/2 in mother`s share.
And if WILL was there, she was already disinherited by father and her waiver was of no consequences as she had no share in left property.
And she may be known that so waived and now on mother`s death she asking her right acc. to succession act.
The share of properties that belonged to your mother upon her intestate death shall devolve equally on her legal heirs, i.e, you both, hence she is very entitled to a legitimate share out of your deceased mother's share of properties as a right.
You can talk to her and arrive at an amicable solution.
This is not about the property bequeathed in the Will which she now claims but she is claiming a share out of your mother's share in the property.
There is no legal infirmity in it.
Your rating matters least to me
It seems you have not understood the reply
After your father's demise, your sister had 1/3rd share
That 1/3 she waived off
Therefore you and your mother became 50-50 owners
After your mother's demise, in absence of her Will, her share will go to her legal heirs ie you and your sister
Thus your sister can claim 50% share in the 50% share of your mother i. e 25%
The wordings in the release document made by your sister are important. You need to check what exactly she waived off. Whether it was the share which she got on father's death or whether she waived off all future rights too? As earlier said future rights cannot be waived off because your sister will be considered as a presumptive heir to do so
First understand the response or meet some solicitor personally and then bother to give ratings
Your sister can thus make a claim in the share of the mother in the property
It appears there is certain information which you have given as follow up
I would like to know, if it is an ancestral property then how can father make a Will of entire ancestral property?
However after coming into force of Hindu Succession Amendment Act, from 9.9.05, a coparcenor can make a Will of his undivided interest in the ancestral property (not full property)
So you need to check the status of the property first - whether its an ancestral property or self acquired property of your father
Assuming its a self acquired property and father left a Will, then the directions contained in his Will has to be given effect to, ie the property should go to you and your mother
As per the Will, therefore the mother will get half share in the property
On mother's demise, her 50% share will go to her legal heirs ie her children in equal proportions
So even if Will is considered, then too your sister has a share in the property from the share of your deceased mother
You are requested to maintain decorum of this forum, else i will request the platform to debar you from posting queries here. I am only informing you from the law point of view. If it does not confirm to your belief then i cannot help. As a lawyer we are required to give honest opinion to clients as per prevalent law and we are not bound to give advice which is pleasing to the client