• 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 11 months 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
23296 Answers
1220 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
736 Answers
30 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
5229 Answers
54 Consultations
4.9 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
18167 Answers
449 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
4105 Answers
133 Consultations
4.3 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
14069 Answers
127 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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5229 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
437 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0