Right of property
DEEPAK DHAMEJA
(Querist) 13 August 2013
This query is : Resolved
MY FATHER DIED IN 1995. THEY LEFT THE RESIDENTIAL IMMOVABLE PROPERTY. WHICH IS REGISTERED HIS NAME TILL TODAY.
NOW WE ARE 4 LEGAL HIERS
1 MY MOTHER
2 MY ME
3 MY ELDER SISTER (MARRIED IN 1978)
4 MY ANOTHER ELDER SISTER WHICH DIED TWO MONTH AGO…
MY MOTHER IS LIVING WITH ME…
I DON’T WANT TO GIVE SHARE IN PROPERTY TO MY SISTER DUE TO SOME REASONS
IS THERE ANY LEGAL RIGHT TO CLAIM SHARE IN MY FATHER PROPERTY.
AS PER MY KNOWLEDGE MARRIED WOMEN"S HAVE RIGHT TO GET SHARE IN FATHERS PROPERTY. IF THEY ARE MARRIED AFTER 1995…
PLS GUIDE ME FOR THE SAME & GIVE ME PROPER LEGAL ADVICE..
Anirudh
(Expert) 14 August 2013
YOUR UNDERSTANDING IS WRONG.
EVERY LEGAL HEIR (WHETHER MARRIED OR NOT) HAS A RIGHT TO AN EQUAL SHARE IN THE PROPERTY LEFT BEHIND BY YOUR FATHER. YOU CANNOT LEGALLY AVOID GIVING THE DUE SHARE TO YOUR SISTER (WHATEVER MAY BE YOUR PERSONAL REASONS). IF YOUR AGGRIEVED SISTER APPROACHES THE COURT, SHE WILL WIN HANDS DOWN.
prabhakar singh
(Expert) 14 August 2013
Since your father died intestate Hindu Succession Act shall apply and NOT 'your understanding' according to which widow,
mother(if alive) and all children(male or female or children of a predeceased child) would equally share irrespective of their marital status.
