Issue legal notice to brothers for equal share in property
2) if they refuse file suit for partition for division of property by metes and bounds
3) seek injunction restraining sale of properties by your siblings
Inheritance of ancestral property
We are three bothers and five sisters having 6.6 acres of ancestral land. Father died in 1979 and mother in 2009. All the documents of the land consist the names of three brothers and one unmarried sister but not of the four sisters. Now, the four married sisters want some of the plots of the land in their own names with a demand of partition of the land in not an equal manner (but with favouritism to 2 brothers). Kindly provide a suitable advice on the matter.
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
A daughter has equal right with share to share ancestral property. You can ask and get your share. If brothers are no willing, issue lawyer’s notice to them seeking partition and separate possession of property and after that file a suit for partition of the property. She will get her share in the property. In the suit also seek stay of transfer of property by any legal heirs till the decree is passed.
If the properties were on the name of your deceased father at the time of his death and if he is reported to have died intestate then the properties left behind by him shall devolve equally on all his legal heirs which includes the daughters too.
Therefore the aggrieved daughters who have not been allotted with any property in the family arrangement or settlement, they may file a suit for partition of the entire properties with separate possession of their legitimate share in the properties.
Dear Client,
As per your query it is evident that relevant provisions of Hindu Succession Act 2005 is applicable.A married daughter has every right to claim a share in her father's property as per a recent Supreme Court judgement . She has as much right as her brother or unmarried sister.But if the property given to you in your name by your father already, then three brothers and unmarried daughter become owners already and ancestral property cannot be inherited by married sisters anymore but still can claim right over such property legally.
Thanks & Regards
- As per law, after the death of parents intestate ,property would be devolved upon all the legal heirs equally i.e. each will get 1/9th share in the property
- Further , even the father was not having his right to transfer ancestral property in the name of anyone without taking consent of all the legal heirs.
- Hence, all the four sisters having right to claim equal share in the property , even the properties are in the name of brother and said sisters.
All are equal heirs if the same is ancestral. It's better that you execute a family settlement deed and share it between all heirs
