• Nephews demanding share in property

As Replied on the above subject if the father dies after 9 th sep 2005 as per the supreme court order the sister has equal right as father's heir .if the the father expires before 9th sep 2005 then is brother only successor of diesesed sister?
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

1) on death of sister her share would devolve on her legal heirs ie her husband and children

2) if sister had not married then her share would devolve on her siblings ie her brothers and sisters

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

A. The above said Supreme Court case is applicable only for ancestral property not father self acquired property.

B. As per the general sucession under the Hindu law, when your sister died intestate that share will devolve between her husband and children if she got married else the same share goes to her siblings i.e, brothers..

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

This rule applies to only ancestral property of father.

The sister has equal rights in the self acquired property of father irrespective of date of death of her father

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

This legal position holds ground only in case of ancestral property. So if father died before 9th Sep 2005 sons alone are coparceners.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi, if father died before [deleted] then son has only rights to share in the ancestral property.

2. If father died after [deleted] then son and daughter has equal share in the ancestral property.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

As Replied on the above subject if the father dies after 9 th sep 2005 as per the supreme court order the sister has equal right as father's heir .if the the father expires before 9th sep 2005 then is brother only successor of diesesed sister?

You have misinterpreted the law or have mis-read the supreme court judgement.

The daughters have equal rights in the father's property as their heirs in succession.

The ruling referred to by you is related to the ancestral property alone.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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