Share of married/ unmarried sister in father property
Dhirender Wadhwa
(Querist) 31 July 2014
This query is : Resolved
Dear sir,
It has been a pleasure to get correct legal advice from all of you... I have another querry
My friend, rakesh has two sisters..
Their father died in 1990 without will. At that time rakesh and one sister were married while one sister was minor & unmarried.. Mother is alive.
All the properties were being handled by rakesh till date. He got the second sister educated and married her off nicely.
the new brother in law turned out to be a abusive problem creator. They are threatening him of legal actions to sell father's property, i.e. the only house, where rakesh & family resides..
It is understood that before 1994, married sisters had no share in father's property..
Q1. Was it same for unmarried daughters
Q2. If division is to be done, will it be in four parts or some other system apply.
Kindly help
Devajyoti Barman
(Expert) 31 July 2014
Why are you do concerned about your friend?
Ask your friend to post query which matters him most.
ajay sethi
(Expert) 31 July 2014
i presume it is self acquired property of father on his demise his widow son rakesh and 2 daughters would have equal share in his self acquired property
Dhirender Wadhwa
(Querist) 31 July 2014
thanks all...
dear barman sir, I know of this site and the expert advice quality, thus extended my hand... also I am already registered
dear ajay ji, property is self-acquired of father.
The son educated the sister and married her off and is also taking care of mother.. Mother & one sister are in favour of rakesh.. The newly married sister (minor at the time of father death) wants share..
Q. FATHER DIED IN 1990 WITHOUT WILL... does year 1990 have any effect..
thanks
ajay sethi
(Expert) 31 July 2014
all sisters have share in father property. merely because you spent on her studies is no ground to deny sister her share
Guest
(Expert) 31 July 2014
Agree with Shri Ajay Sethi.
Rajendra K Goyal
(Expert) 31 July 2014
Both sisters along with mother and brother have equal share in the property.
T. Kalaiselvan, Advocate
(Expert) 03 August 2014
Upon the intestate death of father of your friend, his entire property will be equally shared by all his class I legal heirs. Here there is no question of your friend got his sister educated and married her off in a grand manner or things of the sort. Law is common and equal for everyone. Better do not be under any misguidance on the subject because the one explained about is the correct position of law to the query.
