• Property

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
Asked 4 days ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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19 Answers

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. 

Devajyoti Barman
Advocate, Kolkata
21380 Answers
306 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
21783 Answers
45 Consultations

4.4 on 5.0

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 

Mohit Kapoor
Advocate, Rohtak
10302 Answers
7 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
78484 Answers
4708 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
78484 Answers
4708 Consultations

5.0 on 5.0

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?

Ramesh Pandey
Advocate, Mumbai
2280 Answers
7 Consultations

5.0 on 5.0

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. 

Ganesh Singh
Advocate, New Delhi
6225 Answers
13 Consultations

4.5 on 5.0

Yes, You can buy the property but get signature of all legal heirs and don't miss any signature.

Ganesh Kadam
Advocate, Pune
11382 Answers
103 Consultations

4.9 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5331 Answers
25 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
68510 Answers
918 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
68510 Answers
918 Consultations

5.0 on 5.0

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.

 

Shashidhar S. Sastry
Advocate, Bangalore
3166 Answers
175 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
21094 Answers
31 Consultations

4.4 on 5.0

Yes sister is liable for equal part. She will get equal part of property as brothers 

Rahul Jatain
Advocate, Rohtak
5056 Answers
4 Consultations

4.8 on 5.0

- 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.

Mohammed Shahzad
Advocate, Delhi
5134 Answers
50 Consultations

5.0 on 5.0

she can claim her share in father 1/4 share  along with siblings. 

Mohammed Mujeeb
Advocate, Hyderabad
18398 Answers
11 Consultations

4.5 on 5.0

during lifetime of father, she has no rights. 

Mohammed Mujeeb
Advocate, Hyderabad
18398 Answers
11 Consultations

4.5 on 5.0

If the property belonged to the father she has an equal share. She has to file a partition suit against her brothers.

Rahul Mishra
Advocate, Lucknow
11121 Answers
19 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
11121 Answers
19 Consultations

5.0 on 5.0

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