• Father's flat, ancestral property and legal heir(s)

Hello,
My father purchased a flat in 1995 in Chennai. It was purchased on his name. My father passed away in 2001. The property was still under his name and has not been changed to my mother's name. We were told that my mother, myself and my sibling would be the legal heirs for this property. All 3 of us would have equal share to this property.

I also became aware of the fact that very recently the Supreme COurt passed judgement that 
Daughters cannot inherit ancestral property if father died before 2005. Would this apply to our above situation? So will my sister have any claim to my father's flat?
Thank you
Asked 1 year ago in Property Law from United States
Religion: Hindu
You are absolutely wrong. Your property is not partition / divided still now .More over your property is not comes under the purview of ancestral property .So your sister have right in the fathers property.

A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005. The daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
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1) it is self acquired property of your father 

2) on his demise you have one third share in flat . 

3) the SC judgement is applicable only in respect of ancestral property and not the self acquired property of your father . 

4) hence your sister will have equal share in the flat 
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
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The Supreme Court judgment is not applicable to your case as the property in your case is not ancestral in character. All the heirs i.e the widow and children (including daughters) succeeded equally to the property of your father if he died without a will. 
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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Your sister has very share in the house and her share in the house can not be deprived. Better make an amicable settlement among yourselves and divide the profits of the property.
A mutual deed of partition is best suited to all of you.
Devajyoti Barman
Advocate, Kolkata
5198 Answers
54 Consultations
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1. Since it is your father's self acquired property, all the three of you i.e., your mother, you and your sister will have equal share in your father's self acquired property. Each one of you is entitled to 1/3rd share in the property.
2. Recent Supreme Court judgement do not apply to your case, as this is your father's self acquired property and not an ancestral property.
3. Your sister will have a legally valid equal claim as that of other legal heirs to your father's flat, since it is your father's self acquired property and not an ancestral property.
Shashidhar S. Sastry
Advocate, Bangalore
1239 Answers
59 Consultations
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I also became aware of the fact that very recently the Supreme COurt passed judgement that 
Daughters cannot inherit ancestral property if father died before 2005. Would this apply to our above situation? So will my sister have any claim to my father's flat?
The supreme court judgement has no relevance to your subject issue and you have been misinformed or you have wrongly interpreted the judgement. 
First of all you have no understood the difference between ancestral property and self acquired property.  Ancestral property means a property remaining in the same undivided status till the third generation or more.  This property if remains undivided even after the 2005 amended law, then the daughters shall have an equal share in the ancestral properties too and if the properties were divided before 2005, then the nature of ancestral distinguishes. 
In your present case, it is your father's self acquired property and upon his intestate death all his legal heirs are entitle to a legitimate share in the property equally. Therefore your sister has a right to a share in the property. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
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1. You have rightly heard that Supreme Court has passed Judgement stating that daughters will not get share of the properties of their father's who died before 2005,

2. The said judgement is applicable in your case also as your sisters will have no claim on your father's said and other properties since he has died before the year 2005.
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
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