Entitlement of claim by sister
Querist :
Anonymous
(Querist) 30 April 2011
This query is : Resolved
My cousin & his family stays in his deceased parent's property since birth.His Parents expired in 2009.His sister is married in 1989 & is settled & has her own property.Pursuant to the incorporation of the Hindu Succession Act,2005 as amended,can his sister claim her rights on the property if so what part of the value in Rupees as their son is the only son who is occupying the said property since birth & does not have any other property. He & his family donot want to vacate the premises.If she is not entitled for the claim on the property under which section or sub section is my cousin benefitted.Or, is there any judgement befitting the stance.Pl help in quoting the relevant section or section/subsection.
What is the criteria, date of marriage
of daughter or death of parents.
Awaiting yr valued advice per mail. Regards, R
R.Ramachandran
(Expert) 30 April 2011
Since the deceased parents appears to have not left any WILL, the property will go by way of inheritance to their legal heirs viz., son(s) and daughter(s) in equal measure.
Therefore, just because the son is living in the property right from his birth, or that he does not have any other property, or that he or his family do not want to vacate the premises cannot be the ground to deny the daughter her rightful 1/2 share in the property.
The Sister is entitled to 1/2 property, unless she voluntarily relinquishes her right in favour of her brother.
Your cousin has to make up his mind to this ground reality.
