• Right on fathers self acquired property

Hindu Right on father's self-acquired property

Hindu family from Andhra Pradesh.
We are two brothers and one sister.
Property X is self-acquired father’s property and property y is ancestor’s property
My father expired in 1987 and my sister got married in 1973.
Me and my brother wants to sell the property and share the property without her notice.
How much share I will get from property X and property Y.
Is my sister has any right on property X or property Y. If yes, is there any way to stop her rights if she files a case against us?
Please clarify.
Asked 11 months ago in Property Law from Kurnool, Andhra Pradesh
Religion: Hindu
1) your sister had one third share in self acquired property of your decease father 

2) however she has no share In ancestral property as your father died before 2005 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
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1) in the event your sister files suit for partition she can claim her one third share share in property X being self acquired property of your father 

2) you cant stop her from claiming her share in self acquired property of your deceased father
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
Hello,
1) If your father dies intestate and if you three are the only legal heirs you three are to inherit equally from the property X.

2) As far as property Y is concerned your sister has no right to claim as per amendments to Hindu Succession of Rights in 2005.

3) So your share will be 1/3rd of the property from property X and 1/2 for Y respectively.

4) As your sister has a right there is no way to stop or deny it as far as the property X is concerned.If she files a case she will be able to establish the right she has  and you may be made liable to pay the cost of litigation. It would be then advisable to give her share in property X or buy it over from her. 
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
HI
 Your sister has one equal share in the property X
It is one third if your mother is not alive , if she is alive it is 1/4

Regarding the property Y, i.e ancestral property she has no right as per the  2005 amendment , observation by the supreme court in 2005, if the father died before 2005. the Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force.
 your sister can claim for the equal share in the father's self acquired property in the absence of any WILL or testamentary documents.
what you can stop to do her claiming is negotiate with her and reach a settlement regarding the property X
or 
just divide and take the possession, if in case she goes to court deal with it accordingly then.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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No this is illegal. Her share is at par with your share in the self acquired property of your father, whereas she along with both of you succeeds to the share of your mother in the ancestral property. She has no substantive share in the ancestral property.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Your sister has equal share with you in the self acquired property of your father. However your father having died before 2005 your sister has no share in the ancestral property.
So divide the property accordingly to avoid legal hassles from her end.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Hi,
You or your brother can sell your father's property "X" since you're not the owners of the property. From your description I guess your father has not left any will. Under this situation you will have to approach a District court where the property is located to obtain Heirship Certificate which will be issued in the name of all the legal Heirs including your sister. Same is the procedure for ancestral property.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
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1) the judgement of SC deals only with ancestral property 

2) if your father had ancestral property and he died before 2005 your sister would not have any share in said ancestral property 

3) in respect of self acquired property both sons and daughters have equal share 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
Hi,
When did your father expired? be clear with what you want to know.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
Me and my brother wants to sell the property and share the property without her notice.
How much share I will get from property X and property Y.
Is my sister has any right on property X or property Y. If yes, is there any way to stop her rights if she files a case against us?
You cannot sell your father's self acquired intestate properties without her consent and also without the consent of your mother (if your mother is living);
If you are only three legal heirs to your father, then you will be entitled to 1/3rd share \in the X property and if the Y property is ancestral as er law, then you may get  half share in it.
Your sister has full rights to claim a share in the X property, you cannot stop her from filing a partition suit claiming her share in it.  In Y property, to give a proper opinion it is to be known that how it is ancestral in nature. 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
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I have read from previous articles of 2015 Oct that there was no information if father’s death before or after amendment.?
Your statement is not clear about what you want to state here by mentioning the above contents. 



Is there new law introduced that father should be alive on 2005 and why this restriction added newly only incase of ancestral property why not on father’s self-acquired property.
This is the policy of the government, so you cannot question the government about its policy decision or the law that why it is made or why not this way etc., 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
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If father died before the appointed date i.e 9th September 2005 the daughter does not get a substantive share in the ancestral property. Do not be greedy, your sister should also succeed to her father's property. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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