Right of married daughter in self aquired property of a mother
My mother has a bank account and a house on her name. she expired in Sept 1996 without making a will. We are two brothers and one sister, all married in her life.
please advise the rights of my married sister in above property in reference to the latest supreme court orders.
what are the procedure as we have not initiated any proceedings till date.
b p gupta
Asked 2 years ago in Property Law from Ghaziabad, Uttar Pradesh
1) it is your mother self acquired property
2) on her demise your sister would have one third share in both movable and immovable properties
3) SC judgement only deals with ancestral properties .
4) your sister can file suit for partition to claim her share . it would not be barred by limitation
The property of mother is liable for division among her legal heirs in equal shares.
The recent supreme court decision deals with succession of male heir.
So in other words in your case all the brothers and sisters are entitled to property of your mother In equal share.
1. Your married sister has equal right on the movable and immovable properties of your mother who died intestate,
2.Execute and register a settlement/partition deed duly demarcating the partitioned immoveable properties,
3. If it is not settled mutually, file a partition suit.
Hi, as per Latest Supreme court judgement if the partition taken place before 20th December, 2004 then your sister has no right to claim partition of the property and if the partition taken place after words then she has right over the property.
After the mother demise all the person has entitled to get equal share in her property. With consent of all legal heirs the property can divided and registered deed like settlement can be executed between legal heirs .If any of the person is not amenable for do the same ,file a partition suit for getting the share in the property.
Your sister is entitled to an equal share i you mother's self acquired intestate property.
The latest supreme court judgement has nothing to do with this and it has no relevancy on the self acquired intestate properties succession rights by the legal heirs.
1. The share of daughters is equal to the share of son in the movable and immovable assets of parents if they have died without executing a will.
2. Your sisters can file a lawsuit for partition to cull out their share in the property.
3. No SC order is required.