• Share of house property among children

We are two bothers (elder one and me) and five sisters. My father and mother expired more than 5-years back. My elder brother is occupying our father's house in Hooghly district in West Bengal, as all our sisters got married and myself working outside of our father's house. My question is: Whether my sisters have the share of our father's house?
Asked 8 months ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

Yes all have equal share .

Yogendra Singh Rajawat
Advocate, Jaipur
21052 Answers
31 Consultations

4.4 on 5.0

1. Yes, all the legal heirs of your father including your sisters shall have equal share on your deceased father's properties.

 

2. All or any of the legal heirs can file a partition suit cl;aiming his/her share of his/her father's property in case amicable settlement between the children are not reached.

Krishna Kishore Ganguly
Advocate, Kolkata
24563 Answers
696 Consultations

5.0 on 5.0

On father demise intestate your sisters have equal share in property 

 

2) your sisters can file suit for partition for division of property by metes and bounds 

Ajay Sethi
Advocate, Mumbai
78414 Answers
4703 Consultations

5.0 on 5.0

All sisters do have equal right to the property, as to brother, whether married or unmarried.

Kallol Majumdar
Advocate, Kolkata
2683 Answers
4 Consultations

5.0 on 5.0

1. IF Father had expired without executing any WILL document and IF property was self-acquired by Father (means not ancestral property), THEN all the residual legal heirs of Father (means 2 sons and 5 daughters) shall be entitled to EQUAL share in Father's property OR on the value ratio of the property (if the property is not divisible).

Hemant Agarwal
Advocate, Mumbai
5310 Answers
25 Consultations

5.0 on 5.0

Yes, they can ask share if you try to sale the house if you are living in it on limitations space ground one can deny them share and can pay nominal amount.

Ganesh Kadam
Advocate, Pune
11342 Answers
103 Consultations

4.9 on 5.0

Yes you your sister and your brother shall have equal share in the property.

Shubham Jhajharia
Advocate, Ahmedabad
25462 Answers
110 Consultations

5.0 on 5.0

- As per law, all the legal heirs of deceased father having equal share in the property.

- Hence, your sisters also having equal share in the fathers house. 

- You can settle with them amicably.

Mohammed Shahzad
Advocate, Delhi
5077 Answers
50 Consultations

5.0 on 5.0

Yes if it's a ancestral property then sisters will have their share. Only if the property is self acquired and the will says no share to sisters then they can't have

Prashant Nayak
Advocate, Mumbai
21711 Answers
45 Consultations

4.4 on 5.0

1. On the intestate demise of a Hindu male his property devolves through intestate succession on his Class 1 heirs who are his mother, widow and children.

2. Hence, the share of every heir including your sisters is 1/7th.

Ashish Davessar
Advocate, Jaipur
29939 Answers
862 Consultations

5.0 on 5.0

In your deceased father's property, if he is reported to have died intestate then all his children who are legal heirs and successors in interest are entitled to an equal share.

Therefore your sisters are also entitled to an equal share at par with you and your brother.

 

T Kalaiselvan
Advocate, Vellore
68431 Answers
918 Consultations

5.0 on 5.0

As a legal heir your sister can claim equal share in father self acquired or in ancestral property..

Mohammed Mujeeb
Advocate, Hyderabad
18342 Answers
11 Consultations

4.5 on 5.0

Yes your sister have rightful share from property of your father if he died intestate.

Mohit Kapoor
Advocate, Rohtak
10240 Answers
7 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer