Married siters right on father property.
saurabh singh rawat
(Querist) 26 September 2013
This query is : Resolved
Dear sir,
I am from state uttrakahnd. district champawat. In my faimly 5 married sister and 1 elder brother( expire,2006 )and me younger.All my sister are well setteled with their husband. 1st sister setteled in haryana. 2nd
in uttar pardesh.3rd in foreign cuontry. 4th in uttranchal and 5th also in uttranchal.All 4 sister married before 2000 only 5 th one married on 2008. I am living with my brother widow and their children (1 son and 2 doughter).My father have 2 wives. younger one expire on 2004 and we are the childerns of younger one. Elder one have no childern and living with us. My father also expire on 2007.
My father was a government employee. and goverment had alloted him 10 acres of land on years of 60.it is an agriculture land.
Now sir my query is.according to new hindu act 2005. All my siter married before 2000 has a right on my father property.If yes.than how much share each sister will get.
awaiting for your kind response.
regards.
Ms.Nirmala P.Rao
(Expert) 26 September 2013
Dear Client,
If your father's older wife has no objection of your getting property(her headband's second wife succeeding to the property of her late husband etc) and if she produces an affidavit to this effect) all of you would succeed to your diseased father's property equally. Any or all of your sisters can claim equal shares including your father's older wife if your father died intestate.
Ms.Nirmala P.Rao
(Expert) 26 September 2013
Dear Client,
Your father's first wife would get 1/2 share in your father's property and out of your late mother's 1/2 share you seven children would,d get equally as the succession has not opened yet even after amendment of Hindu Succession Act in 2005. That means each of you excluding your father's first wife would get 1/2*7=1/14 th share each, if your father's first wife has no objection to this. All of you enter in to a Family Settlement and get it reduced to writing in accordance with law
to avoid expensive and time consuming litigation.
Rajendra K Goyal
(Expert) 26 September 2013
Well advised by the expert Ms.Nirmala P.Rao ji. Nothing more to add.
Raj Kumar Makkad
(Expert) 26 September 2013
I don't agree with the advice of Nirmala and Rajender ji on the subject of succession of shares.
All legal heirs of your deceased father shall get equal share including your sisters and the legal heirs of your deceased brother (one unit).
