• Can unmarried sister have any claim on brother's salary or assets

Dear experts,
We are in a situation where an unmarried sister aged 34 doesn't want to be married, she also never tried to make any career (used to work in corporate, later never ever tried to take up any job or make a living) mostly just doing timepass.

She is educated but impractical behaviour
Right now not having any income and still single at 34 age makes her furious and she always blame my parents for the situation she's right now in. Due to this, there's always fights in our home and absolutely no peace.
My parents are aged 65+ and they get really depressed with all this environment.
Please do not judge us with the questions asked, we are in a better position to know what we're going through. We always wanted to support and find a good groom for her, but she just doesn't listen. I have a chronic illness and I am just somehow managing living my life with it. I'm getting married next year.

My father has only one ancestral property. Apart from that he has purchased two properties: one where the money was transferred to my account and property registered on my name. Second where around 30% money given by father, rest of money is being paid by me through loan.

1. Can unmarried daughter claim over father's/mother's pension? Or can she ask maintenance from them.
2. Can unmarried sister claim brother's salary or the 2 assets on his name or claim for any maintenance from brother? (Before and after parents are gone)
3. Is there anything at all where the unmarried sister can assert her rights?
Asked 3 years ago in Property Law
Religion: Hindu

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10 Answers

Dear client,  

An unmarried daughter can claim her parents' pension if there is a legal provision for it in the country where they live. However, this would typically be limited to specific circumstances, such as the daughter being financially dependent on the parents and unable to support herself. Maintenance from parents would generally be considered if the daughter is in need and unable to support herself.

An unmarried sister does not automatically have a right to claim her brother's salary or assets. This would typically be determined by the laws of inheritance in the country where they live, as well as any agreements or arrangements made between the siblings and their parents. It is possible that the sister could seek maintenance from her brother if she is in need and unable to support herself, but this would again depend on the laws of the country.

An unmarried sister could assert her rights through legal means if she feels that her rights are being violated. However, it is important to understand that this would depend on the specific circumstances and the laws of the country where they live.

It is always advisable to seek the advice of a qualified legal professional to understand one's rights and obligations in such situations.

 

 



Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

She can ask for maintenance from her parents but if she is educated and employable then she is not entitled to any maintenance and certainly not from her brother.

She has a share in her parents'property but only after them. She cannot demand any share as of now. Moreover the parents can choose not to give her any property if they do want.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

She can't have any right on brothers income or property 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

As per the law relating to inheritance she is entitled to her parents'property if they do not give it to anyone in their lifetime. She cannot demand that a share of property be given to her.

Maintenance can be demanded under the maintenance section of the criminal procedure code but only if she is dependent ie cannot earn or is uneducated. 

She does not come under the dependent category.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

She cannot claim maintenance from parents nor have claim on their pension 

 

2) she cannot claim maintenance from brother 

 

3) she is highly educated should get a job and maintain  herself 

 

4) she can claim share in property which was purchased by father in your name or money transferred to your account 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

As mentioned herein above daughter is highly educated and should maintain herself 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear client,  as per the law of Indian law a daughter has full right over father's property however she can not claim the same authority over her brother's self acquired property. 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

If the daughter is unmarried and doesn't have any source of income to sustain her expenses,  she is eligible for maintenance under the provisions of Hindu Adoption and Maintenance Act. 

Father is liable to maintain his unmarried daughter. 

However she cannot claim any rights over his property or pension during his lifetime. 

2. No.

3. She can claim maintenance as stated above. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Whatever narrated in the previous post is as per prevailing laws of the land.

If you want to make a  provision for her future by depositing a lump sum amount,  it is your own will and wish. 

No law can force you to do so.

Besides you cannot even get into any agreement with her in this re, it is not maintainable in law. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. She cannot claim the pensions of father /mother during their lifetime 

- Further, she cannot claim any right over the self acquired property of your parents during their life time. 

- However, if she is unable to maintain herself due to some problem , then she can claim maintenance from her father , but if she is educated and not wants to work then she cannot claim any maintenance. 

2. No, she cannot claim maintenance from her brother , and also not having any right over the property of her brother.

3. She can claim share in the ancestral property , and after the demise of parents she can claim in the property of parents 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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