1) on demise of father , mother 3 brothers , 3 sisters have equal share in house
2) on demise of sister her share would devolve on her husband and children
Nature of property acquired through understanding
Our father had purchased house property in 1952. We are three brothers and three sisters. Our father expired in 1979 and mother had predeceased him in 1964. Even though, the female members were not entitled to inherit the property in 1979; we brothers and sisters had shared the property equally out of love and affection. kindly let us know how the property so acquired by sisters through our mutual understanding is treated in law. Further, one of the sisters expired in 2011 without executing a will. Kindly let us know as to who are all entitled to the share in her property.
Asked 5 years ago in Property Law
Religion: Hindu
12 Answers
Dear Client,
Were sister`s married at the time of partition.
Well, after enactment of Hindu Succession act 1956, daughter had equals share in father`s property after his intestate demise - Portion inherited by sisters is their personal property and after their demise will inherit in her children.
They were entitled to the property as the property was self acquired by father and after the 1956 that is coming of the Hindu Succession Act the property was to be distributed vide law of intestate succession and the daughters and son will have equal right as both are class 1 legal heirs.
The share of the sister shall be distributed among the legal heirs of the sister.
1. As per your narration, it was your deceased father's self acquired property. Upon the intestate death of your father, since your mother had predeceased your father, all the children, i.e., are entitled to equal share in the property. In other words all the 3 brothers and 3 sisters are entitled to equal share in the property. Hence it is well within the law.
2. Regarding one of your sister's intestate death, the share held by her shall be shared equally by her husband and children if she was married. In case your deceased sister was unmarried (spinster) and had died intestate, then her share of the property would devolve equally to her 3 brothers and 2 sisters.
Heirs can claim right over a property within specified time
Time limit prescribed to institute a suit is 12 years, you cannot file partition suit after 50 years.
The general rules of succession in case of a female Hindu dying intestate are defined in section 15 & 16 of the Hindu Succession Act, 1956. The act provides that the property of any female Hindu dying without a will shall devolve on the following persons ;
Firstly, upon the sons & daughters (including the children of any predeceased son or daughter) and the husband.
Secondly, upon the heirs of the husband;
Thirdly, upon the mother and father;
Fourthly, upon the heirs of the father;
Lastly, upon the heirs of the mother.
Hello,
The property will be considered as the self acquired property of the sister.
The husband, son etc and her lineage will have the right over the said property.
Regards
1. Understanding arrived at before expiry of father is not binding on legal heirs
2. As father left no Will, his property will devolve on his legal heirs in equal proportions
3. Legal heirs are mother, widow and children
4. So all children will take equally. The share of deceased sister will go to her legal heirs
Dear Sir,
You can put a case against your sisters and their legal heirs. It will take some time to get the result. If it is through registered deed then it is very hard to get the result.
if you have shared the property out of love and affection she will enjoy the legal rights over it. The legal heirs of your sister will be entitled to the said property in equal proportion or proportion as per the degree of heirship
As per Hindu Succession Act, 1956 all the children of the deceased property owner are entitled to an equal share in the property left behind by the deceased, provided he is reported to have died intestate.
Therefore you have not shown any mercy to your sisters by giving them their entitled share in the property.
Your deceased sister's share of property shall devolve on her own legal heirs.
This is my response to you:
1. The share in the brother of your sister will go to her Class I legal heirs;
2. This will be as per the Hindu Succession Act;
3. As per section 15 of Hindu Succession Act: 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;
4. Take advice of a local lawyer.
Firstly if by mutual understanding the property has devolved upon your sister it will be oral partition and the property will become self acquired property and each sister will have right to dispose of the property as they want.
If your sister has died intestate the children of the sister will be entitled to the share of her property.
