Hi, My father died in 1972 without a will and we have our own house in Kolkata. We are 8 brothers and 4 sisters. I am the youngest child(daughter) and would like to know if I have a claim to this family house as and when it is sold out. Below are some additional details which may need to be considered. 1. Father died in 1972 without a will. 2. Mother died in 1974 without a will. Details on the 8 brothers ------------------------------------ 3. Four of my brothers are no more and they were unmarried when they died without any successor. 4. One unmarried brother is still alive. 5. One brother was married but he and his wife are no more but they have a son and daughter. 6. One brother was also married but no more and survived by wife and son, 7. One more brother was also married but no more and survived by wife only. Details on the 4 sisters ----------------------------------- 8. Eldest sister got married and when both parents were alive. 9. One elder sister is no more but has a successor son. 10. And then we two younger sisters are still there. What I would like to know is if we have the right claim our share when this family home is sold out? There was supreme court ruling recently prohibiting married daughters to any claim on the property for right to residence but does that also prohibit right to claim as and when the property is sold out?
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1. Yes, as per the recent Apex Court Judgement, you along with your others sisters will have no claim on the property of your father who died before 2005,
2. However, the sisters will have claim on the share of their brothers of the said property, who died leaving no successors.
1) on your father demise you have one twelfth share in the house standing on name of your father
2) since 4 of your brothers did not marry on their demise their one twelth share would devolve on surviving brothers and sisters
3) on death of married brother and his wife his share would devolve on his children
4) the Sc judgement is applicable only to ancestral property and not self acquired property of your father
1. Assuming that your father's property was a self acquired property and has died intestate(without executing 'WILL'), then the property would devolve to your unmarried brother(1 share), Son & Daughter of your other brother who is no more(1 share to be sub divided b/w Son & daughter), Wife & Son of your another brother who is no more(1 share to be sub divided b/w Wife & Son), Wife of yet another brother who is also no more(1 share), Elder sister who got married when both parents were alive(1 share), Husband & successor Son of the elder sister who is no more(1 share to be sub divided b/w Husband & Son), younger sister(1 share) and youngest sister(1 share).
2. In other words, each main legal heir would be entitled to 1/8th share in your father's self acquired property.
3. You will have the right to claim 1/8th share in the property when this family home is sold.
4. The Supreme Court ruling is in respect of ancestral property and this ruling will not have any impact in the instant case.
5. You are entitled for right to residence as also right to claim your share as and when the property is sold.
Hi, as per the latest Supreme Court judgement you can not claim a share in the property.
First of all it should be ascertained that whether the property in question is your father's self acquired property or has been ancestral property.
Assuming it as your father's self acquired property, on the basis of the details furnished by you,
you will be entitled to 1/8th share in the property left intestate by your father. You can either seek partition or claim a share in the sale consideration amount because without your consent the sale is not possible and if they go ahead without your signature, it will be illegal, you can file an injunction suit along with the relief for partition.
1. The share of daughters is equal to the share of sons in the self acquired property of their parents. So you and your sisters can claim your share in the property by filing a lawsuit for partition in the court.
2. If the house is being sold out without your consent then you can seek a stay order from the court against the sale.
3. The SC ruling which you are talking about is only in respect of ancestral property.
