If she is married before year 2005 than she is not entitled for the share.
Plus as per limitations act to file case in the court time has been lapsed.
Section 6 and section 8 of Hindu Succession Act
My father has a bought a house 2500 sq ft. On 1980 from A ( Mr A received this property from his father died on 1977 total property 5000 sq ft) Now I have bought 1250 sq ft from A on 2010 . A and his sister (married) are only hiers of their father. Now A sister claiming her half right on whole property. A and my father both passed away.
Asked 7 years ago in Property Law
Religion: Hindu
7 Answers
How was property received by A from his father ?
2) was it by will or gift deed ?
3). If A had received property by gift deed or will then his sister would not have any share in property
4) let sister take legal proceedings to claim her alleged share .
1. It is not clear whether the proeprty left by father of A was his ancestral proeprty of his self acquired proeprty.
2. It is also not clear by waht means A recived this proeprty from his father . By alw of inheritance or by testamentary succession.
3. If father of A gifted ir Willed this proeprty proeprty to A then sisters of A have no share in it.
4. If it was acestral proeprty of father of A then also his sisters have no share in it.
Sir in case it was joint hindu property and was ancestral then only they had no share if it was case that it was self acquired property of Mr. A father then they can claim.share as intestste succession.
Further if there was will or gift in favour of A they had no share.
If the father of A passed away without a will then the sister of A has the right on the property.
But since A has now passed away the claim of the sister is weak.
Let her file a case, you will have a good case to defend.
Regards
If its self acquired property of A then his daughters can claim
If its ancestral property then daughters can claim share if father was living on 9.9.05
Dear Client,
Sister and A has equal share in father`s property, she can claim upto 2500 sq ft.
1250 already with A`s heir so that part And her case will survive by cancellation od sale deed which is time barred.
Barred by Limitation, so no relief againt you.
