• Distrbution of parental property between daughter and sons.

We have one house measuring about 130 sq.ydin city.We are three sisters and three brothers.Our father has died in Nov1993 and elder sister in oct.2016.our mother is alive.my question are-
1.As my father diedin Nov.1993 i.e before the amendement of Hindu Succession Act 2005,so are my three sisters will get share in my father"s property.My father"s property is self aquired property but he had not written any WILL(INTESTATE).
2.Suppose as per law my three sister will get share in propertythan share of my elder sister will go to whom.she is survived by two sons and two daughters.
Asked 5 years ago in Family Law
Religion: Hindu

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13 Answers

1. The daughter shall have equal share the intestate succession is governed by section 8 and section 9 hindu succession act which gives daughter equal right on self acquired property the amendment was in respect of the coparcenary property.

2. Her share will go in her 4 children.

section 10 10. Distribution of property among heirs in class I of the Schedule.—The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:— Rule 1.— The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.— The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.— The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. Rule 4.— The distribution of the share referred to in Rule 3—

(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters gets equal portions; and the branch of his predeceased sons gets the same portion;

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello

The property of your father has to be divided among his children and his wife. If the elder sister has dies then her children are shareholders in the property. Although you can obtain an noc if they do not want their share. The amendment would be applicable if the property had been divided before 2005. Here although your father died but you didn't divide the property therefore sisters have share.

Regards

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

your sister cannot claim her shares into the father's property. Because as per the recent landmark Judgement of the Supreme Court, if a person dies on or after 2005, then only her daughter can claim her shares in the property.

But you father has expired on 1993, so even she files case, she will not succeed in her case.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Yes they will get the share, amendment is with regards to the ancestral property.

2. Her share will be divided amongst the legal heirs of the father and not her children.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1. Yes, the sisters are also entitled to a share in this property. As regards to the eldest sister who's no more, her share will be distributed amongst her legal heirs.

2. her share will go her legal heirs

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

On father demise your mother , you and your siblings have equal share in self acquired property of deceased father

If it was ancestral property then your sisters would not have share as father died before 2005

Your sister share would devolve on her husband and children

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hi,

The share of elder sister may be claimed by her legal heirs.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. Hindu Succession (Amendment) Act, 2006 relates to only ancestral property. Since the property in question is self acquired by your father it is not covered by Section 6 of Hindu Succession Act and consequently the 2005 amendment.

2. Since your father died intestate his property devolved through intestate succession equally on his legal heirs i.e widow and all 6 children. The share of every heir was 1/7th on the demise of father.

3. The share of your deceased elder sister further devolved on her husband (if alive) and children equally.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. It is not clear whether the house owned by your father was his ancestral or self acquired asset. if it is his self earned property then his daughters have equal share in it irrespective of his date of death.

2. If that is so then the child of your deceased sister will divide the share of their mother among themselves equally.

3. only in the event of ancestral nature of the property you can avid division of the same among your sisters.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Hi, the Sisters has a equal share in the property .. The share of elder sister will be among her class 1 legal heirs ( ex:- her children )

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Law can not be applied retrospectively......So, you should not worry if there is no will executed by your late father.

Raj Kumar Mishra
Advocate, Allahabad
172 Answers
2 Consultations

4.5 on 5.0

Your sister can get share in the property and this year of the disease sister will go to her legal hairs

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. The property shall devolve on all his legal heirs equally, i.e., it can be divided into seven shares which will include your mother also.

2. Her share will devolve on her own legal heirs

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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