• 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 2 years ago in Property Law from Hyderabad, Telangana
Religion: Hindu
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
45424 Answers
2669 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
833 Answers
56 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
12804 Answers
165 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
22977 Answers
634 Consultations

5.0 on 5.0

Hi, if father died before 09-09-2005 then son has only rights  to share in the ancestral property.

2. If father died after 09-09-2005 then son and daughter has equal share in the ancestral property.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 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
35601 Answers
385 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer