• When married Daughters ask for parents properties equal share are they liable for the father debts?

10 yrs back my father expired and since then,
a. For the home we are staying I have repaid Housing loans taken for the renovation of the house as a joint with my father (note: the original building was constructed by my father 30 years ago), 
b. taken care of the legal dispute expenses on the second land and constructed the second house with my money. Only land was purchased by the father.
c. Wear and tear for properties for which I have contributed substantially other than the loan amount.

Now my only married sister is asking for an equal share of the remaining properties and has not contributed to anything to date even though she is working.

 As per law,
1. what happens to the debts which I have repaid? Is it considered while dividing? btw I do have copies of the Housing loan contributions from my end during and post my father's death.
2. Is she liable to share equal expenses of the mother?
3. For my Sister's marriage, My father has sold his properties. Is that accounted for? when dividing?
4. For the second property which i have built but the site belongs to father, how is it divided?

I am from Hindu family please advise.
Asked 2 years ago in Property Law
Religion: Hindu

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13 Answers

If your father has left any WILL then property shall devolve in terms of WILL but if there is no WILL then sister is entitled to equal share invthe properties of both mother and father being class-1 legal heir. 

1. As per law, for repayment of loan of father or parents as case may be all legal heirs are liable to repay the debt to the tune of value of property they have had inherited si your sister is liable to share equally the liability if repayment of debt of father. 

2. Yes. Legally duty is casted upon son to perform rituals of parents. 

3. No. Because it was voluntarily done by father himself for his daughter out of his own property so you donot have any say in this regard. 

4. The prevailing market value shall be assessed snd accordingly her 50% share in terms of money be paid to her.

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Whether married or single, daughters have equal share in their parents' properties as well as debts on par with their brothers.

1.  Since you have copies of housing loan contributions, it will be considered while dividing.

2.   Yes, she is liable to share the expenses of the mother.

3.    Property sold by your father to perform your sister's wedding will not be accounted while dividing.

4.    Fifty percent undivided share belongs to you and your sister each.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

1. You were not asked by your sister to repay the family debts, however you can claim her share in the repayment of the family debts in the same partition suit.

Her claim for a share in that property cannot be denied for this reason.

2. No, since your mother is living with you it becomes your responsibility to take care of your mother.

3. The expenses for her marriage will not be taken into account while dividing the immovable property with your sister and your mother, as a matter of fact your mother is also entitled to an equal share in the property left behind by your father.

4. You can claim construction expenses from your sister and mother if the property is to be divided into three parts equally.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Yes, She is liable to pay her contribution towards parents expenses and debts. According to Supreme Court.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. 

Please note that Hindu Succession Act was amended in 2005 and it gave equal rights to the daughter in terms of property. Prior to the Hindu Succession Amendment Act 2005, sons enjoyed rights over the deceased father’s property, whereas daughters could do so only till she was unmarried. It was understood that after marriage, a woman attaches herself to the husband’s family and therefore, has rights in another Hindu Undivided Family (HUF) altogether. Now, married and unmarried daughters have the same rights on their father’s property as their brothers. They are also entitled to equal duties and liabilities as their brothers. In 2005, it was also ruled that a daughter has the same rights, provided that both, father and daughter, were alive on September 9, 2005. In 2018, the Hon'ble Supreme Court stated that a daughter can inherit her deceased father’s property no matter whether the father was alive on this date or not. Hereon, women were also accepted as coparceners. They can demand a share in the father’s property.

 

Therefore, following is my prima facie view/opinion for your concern: 

1. The debts which has been repaid by you can be adjusted mutually or whenever the case is filed and it would be considered for dividing. You can place on record the copies of the Housing loan contributions from your end during and post your father's death. Court would consider it. 

2. She is even liable to share the expenses of the mother.  

3. For your sister's marriage, your father had sold his properties. It would be considered for dividing. 

4. For the second property which you have built on your own, requires detailed discussion with complete property documents. 

 

You may contact my secretary to connect with me for clarification. 

 

Gopal Verma

Advocate on Record

Supreme Court of India

Shri Gopal Verma
Advocate, Delhi
422 Answers
22 Consultations

Yes if they take father’s assets then undoubtedly they are part of father’s debt too

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Both legal heirs are liable for father debts to extent of their inheritance 

 

2) she is liable to share expenses of mother 

 

3) property sold by father for sister marriage is not considered 

 

4) she has equal share in second property.ask her to bear equal costs of construction 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Dear Client,

  1. In the event of the existence of a WILL, the property shall devolve according to its terms. However, in the absence of a WILL, as a class-1 legal heir, your sister is entitled to an equal share in the properties of both your mother and father. This means she will inherit an equal portion of the property left behind by both parents.

  2. Correct, according to the law, the duty of performing the rituals of parents is legally cast upon the son.

  3. No, you cannot intervene in this matter. The gift made by your father to your sister from his own property was voluntary, and you do not have any right to claim authority over it.

  4. The current market value of the inherited property shall be assessed, and your sister's 50% share shall be calculated accordingly. She will receive her share in monetary terms based on the assessed value.

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

court would consider contribution of Rs 30 lakhs made by you 

 

2) bills for legal expenses incurred , proof of payment made , bills of renovation work done , proof pf payment of hospital bills 

 

3)your marriage and education expenses are not considered 

 

4) debts are divided equally among legal heirs to extent of inheritance 

 

5) sister daughter has no share in property 

 

6) share does not increase depending upon health conditions 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Yea they are also liable for the debts if they seek share in the property 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. you have to inform court about your plight due to the inflation  and seek justice on that basis.

Court will not take any decision on its own without you praying for the relief supported by documentary evidences to the reliefs sought.

2. If the said expenses are pertaining to the family then the same may be brought to the notice of the court with supporting documents to prove the expenses incurred by you at the time of necessary.

3.  The expenses for the daughter's marriage cannot be considered as a share in the property while the father's property is being distributed to the legal heirs after the intestate death of the father.

4. If your mother is not willing to avail a share in the assets of the deceased then she cannot be held liable for a share in the debts of the deceased also.

5. Both are different subjects.  Partition means to divide the properties equally or on the mutually agreed conditions among the legal heirs and the release deed means one or the other legal heirs/cosharers decide to relinquish their rights in the property by executing a registered release deed 

6. No she is not having any rights in it during the lifetime of your sister.

7. No

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Client,

In the court proceedings, the contribution of Rs 30 lakhs made by you will be taken into consideration. It is essential to provide all relevant documentation, including bills for legal expenses incurred and proof of payment made, as well as bills for any renovation work done and evidence of payment for hospital bills. However, it's important to note that your marriage and education expenses will not be factored into the calculations.

In the matter of debts, they will be divided equally among the legal heirs, limited to the extent of their inheritance. This means that each heir will bear an equal share of the debts based on their rightful portion of the inheritance.

It's crucial to remember that the sister's daughter will not have any share in the property as per the legal provisions.

Furthermore, the share of inheritance will not be influenced by the individual's health condition. Whether one's health is good or poor, their share in the property will remain the same and will be determined solely by the applicable legal guidelines.

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Children is liable to parents debt up to the value extant they inherit the property. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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