One property which has registered on the name of father and three sons sister name is not included sister has got married Now sister wants equal part of property how much legaly possibel to get part of that property to sister
Three brouthers one sister mother and father family Sister has got married Is it possible to get property of that joint family
1. In the property father and his 3 sons have got 1/4th share each.
2. In death of father intestate his 1/4th share gets devolved upon his legal heirs which includes his sons, daughters and his wife
3. Therefore your sisters and father have got share in the property and to avoid future complications give them money in lieu of their shares.
If it's father's self acquired property then it's on father if he is alive. If not alive then as per his will, without will it will be equal share to her as sons. If ancestral then equal share
1. If father is alive then he can transfer his complete share to his daughter without consent from his sons or he can write will in favour of his daughter.
2. If he write a will in favour of sons or transfer his share on name of his sons than sister cannot claim any share.
3. If father dies intestate then she can claim 1/5 share from share of her father
On father demise intestate his one fourth share in property would devolve on sons and daughter equally
father can execute gift deed during his lifetime in favour of his daughter
Act as mentioned herein above
Sister is entitled to 1/4 share in Ancestral Property inherited by your father as per Hindu Succession Act 1956.
The property is Ancestral property or self acquired?
Dear Sir/Madam,
You are suggested if property was registered on the name of father and brothers, the said sister has no right in the property.
Yes, You can buy the property but get signature of all legal heirs and don't miss any signature.
1. ONLY old properties for alteast Four generations are classified as "Joint Family Properties".
2. Here property acquired is classified as "Self Acquired" and does not classify as "Joint Family Property", in anyway whatsoever ....
3. By Virtue of above, Sister has no legal right to claim any property which is Self Acquired by purchaser/s, UNLESS & UNTILL purchaser/s Gift or Transfer or WILL there respective share to Sister.
As the property has been registered only on the names of father and three sons, the four are the only legal owners of the property.
The sister who is claiming a share in it has no rights in the property.
Her claim is illegal and and not maintainable in law.
This is not a joint family property.
This property belongs to four people, i.e., father and three sons only, hence others cannot claim any share in it as a right.
1. Assuming that it's your father's self acquired property and is alive.
2. During the lifetime of your father, apart from no other person will have any right over the property, including his wife, sons and daughters.
Sister have 1/5th share in father`s self acquired property on his intestate demise. If mother is not alive than 1/4th share.
All children have eqaul share in joint property.
Yes sister is liable for equal part. She will get equal part of property as brothers
- After the death of father , his property would be devolved upon all the legal heirs equally.
- Hence, sister will get equal share in the property , even she married.
she can claim her share in father 1/4 share along with siblings.
during lifetime of father, she has no rights.
If the property belonged to the father she has an equal share. She has to file a partition suit against her brothers.
If the father is still alive then too she may get a share if the property is ancestral. If it is the father's self acquired property then the father may give it to anybody.