• 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 1 month ago in Property Law from Kolkata, West Bengal
Religion: Hindu

Yes all have equal share .

Yogendra Singh Rajawat
Advocate, Jaipur
16678 Answers
21 Consultations

4.6 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
23532 Answers
639 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
71951 Answers
4324 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
2066 Answers
2 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
3666 Answers
19 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
9020 Answers
74 Consultations

4.9 on 5.0

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

Shubham Jhajharia
Advocate, Ahmedabad
22816 Answers
91 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
1603 Answers
26 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
16659 Answers
30 Consultations

4.6 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
27459 Answers
811 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
61888 Answers
799 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
13754 Answers
6 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
6521 Answers
2 Consultations

5.0 on 5.0

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