claim in mother's property
sankhe sandeep
(Querist) 12 August 2010
This query is : Resolved
sir,i am a man with another my two elder brothers,a father and one elder sister married in 1980 am\nd my mother has died in 1997 without making any will and my mother has a property from her father's family property in terms of land which is a from her grandfather and i would like to request you to know that wheather my elder sister can have right to claim equel claim or some claim or no claim in this property,pl.give me a breif and most suggestion and reference of any book at the earliest pl.treat as most urgent
Rajeev kulshreshtha
(Expert) 12 August 2010
In the absence of WILL the property shall be distributed among all childrens including your father in equal share. The share of one person is 1/5 in your case.
Devajyoti Barman
(Expert) 12 August 2010
Yes sister has got equal share with other legal heirs.
sankhe sandeep
(Querist) 13 August 2010
sir,thanks for all of you but my elder sister already got all claim in my father's property which came from grandfather as per act,but if daughter married before 22 june 1996 on amendment as per women succession act 1956 that she will get from father's (which came from grandfather)as following:in our case may be father-1 part,son(3)-3 part,and then sister married before 22 june,1996 that she gets from father's-part 1,1/4th of father's part.
But,now since my died mother's property came from her grandfather, how sister can claim equal in that case as she has married before 22 june 1996 and if claim is there then it should be divided as follows:
1.died mother (my mother who own father's land)-1 part
2.husband(Who is our father)-1 part
3/4/5.son (3 sons)including me - 1 part each(3 parts)
3.sister elder(married before 22 june,1996) will get her claim only in my mother's(Mentioned above in no.1)part 1 as 1/5th claim not in total claim.pl.advice me to go proper way to help my all family including my this elder sister also.
