right of sister in brothers property
Ranbir
(Querist) 19 November 2018
This query is : Resolved
dear sir, a man had one brother and one sister and had purchased a property in the year 1929 though married had no legal heir that in his
property his married sister and brother both reside but after the owners death his brother transfered the property in his name and is trying to oust the sister from the said property does the sister has any legal rights in the said property she is living in that property for
90 years
Dr J C Vashista
(Expert) 20 November 2018
What is the property ?
Where is the property located ?
Whether the brother/sister are Hindu, Muslim, Christian or any other religion ?
Who has transferred the property ?
What is your locus standie ?
Vague query and Incomplete information;
Consult and engage a local prudent lawyer for better appreciation of facts and circumstances, professional advise and proceeding.
Vijay Raj Mahajan
(Expert) 21 November 2018
The right of sister exists in the property of deceased brother who didn't have any class 1 heirs and the sister was one of the class 2 heir after coming up of the Hindu Succession Act,1956. However the details of the case not mentioned to give correct legal opinion in the case. The right to reside in the dwelling place otherwise exists for the aged lady who has been living in domestic relationship in the shared household and she can not be deprived with this right by anyone, otherwise she can always take redress under the PWDV Act,2005.
