Sisters do have right to share in the property left by father. They can claim and get it.
only in case there is registered partition before 20th December 2004, they can claim share in the property.
Married daughter's right in father's property
We are three brothers and two sisters. One of my sister got married in May 1985 and another in May 1990. Do they have any right in the residential property of our father who left no will.
Asked 4 years ago in Property Law
Religion: Hindu
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14 Answers
Mr Shinde, Please be specific. Do our sisters have a right in residential house left by our father ( considering various high court amendments ). Please be detailed in your answer.
Asked 4 years ago
- Since your father has died without leaving a WILL ,then his property can be claimed by his all legal heirs, i.e. mother , brothers and sisters equally.
- If mother is not alive , then each will get 1/5th share in the property
- A married daughter is also having equal right over the property .
Yes they have a share in the property.
There was no registered partition before 20th December 2004 in our case.
Asked 4 years ago
The sisters have a right in the ancestral property ie property of your forefathers and the property left behind by your father ie his self earned movable and immovable property.
Their status wrt property is the same as yours.
- Your sisters are having her equal share in the property after the death of father , whether the property is an ancestral or self acquired.
On father demise intestate your brother and 2 sisters have equal share in residential property . I presume mother pre deceased father
Sisters have one fifth share each in residential property
Sisters have equal share in the property
1. Irrespective of your two sisters' marital status and date of marriage, they have equal right on par with their three brothers' in the residential property of their deceased father who died intestate, in view of Amendment to the Hindu Succession Act 1956 in 2005 and subsequent judgements of the Hon'ble Supreme Court.
2. Hence three sons' and two daughters' are entitled to 1/5th share each in their deceased father's residential property.
The daughters have equal rights in their father's property at par with the sons if their father is reported to have died intestate.
As per Hindu succession act, 1956, the daughters are entitled to an equal share in their deceased father's intestate property.
Since your father is reported to have died intestate your sisters are entitled to an equal share out of your deceased father's property at par with their brothers.
Even if there was an oral partition among the brothers by excluding the sisters, the sisters can claim their legitimate share in the property.
Dear client,
As per our current laws and judgements, your sisters do have a right to your father's property. It has been clarified by the Supreme Court of India that the marital status of the daughter will not make any difference and thus, women can claim for the partition to their share in the father’s property even if it is made before the amendment of 2005 where the law established that the women can get their respective shares in the father's property.
Thank you.
Yes they have right in the same
