Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Property Inheritance

(Querist) 01 September 2008 This query is : Resolved 
Father expired, survived by son (me - married, 2 children), daughter-in-law (wife of my late younger brother who expired in 2004, having two children). We stay in the same house, and I am the sole breadwinner.
How would the property (he built, and where we reside), be distributed?

As of what I understand, my sister (married in 1987 and living in her husband's house) would not get her share:

(30 OF 1956)

23. Where a Hindu intestate has left surviving him or her both male and female heirs specified in class I of the Schedule and his or her property includes a dwelling-house wholly occupied by members of his or her family, then, notwithstanding anything contained in this Act, the right of any such female heir to claim partition of the dwelling-house shall not arise until the male heirs choose to divide their respective shares therein; but the female heir shall
be entitled to a right of residence therein:
Provided that where such female heir is a daughter, she shall be entitled to a right of residence in the dwelling house only if she is unmarried or has been deserted by or has separated from her husband or is a widow.
Mithil sharma (Querist) 01 September 2008
Jithendra.H.J (Expert) 01 September 2008
needs some more details,

is this the only property ur father left?
Srinivas.B.S.S.T (Expert) 01 September 2008
Sir, if you brothers are planning for partition the female heir can claim her share as she is also entitled for a share likewise any male heir.

The following are reported judgments with respect to this issue.

Claim of female heirs in dwelling house not maintainable until the male heirs choose to divide their respective shares thereon.
Gomati Ammal Vs P. Muthu Krishnan, AIR 2000 NOC 51 (Mad)

Partition cannot be granted at instance of female heir only in dwelling house but her right to enforce partition can be postponed till such time as male heirs choose to divide those shares
Nalla Venkateswarulu Vs P. Pullamma AIR 1994 AP 87

Where on of the make heirs had filed suit for partition, the right to claim share in the dwelling house would automatically enure to the benefit of female heirs also.

L. Geetha Vs Sekar AIR 2001 NOC 109 (Mad)

So a female heir has a right of residence in the dwelling house in the event she has been deserted by her husband/has been separated/she has become a widow.

And once the male heirs choose to divide their respective shares in the dwelling house, she will automatically entitled for her share in the dwelling house. However she cannot claim partition of the dwelling house unless and until the male heirs decided to do so with their respective shares.
SANJAY DIXIT (Expert) 02 September 2008
Dear Mithil, whether the property was self acquired by your father?
Mithil sharma (Querist) 02 September 2008
Thanks a lot for your immediate response. Am inpressed!!
To articulate your concerns:
A) The house was built SOLELY from my father's earnings.
B) It is the only property my father left.
C) I am the only son surviving. My younger brother expired in 2004. Since then his wife and 2 sons are staying with me (and my family) in the same house.
D) I am the sole breadwinner (supporting 6 people - wife, 2 children, sister-in-law, 2 nephews)
My questions are:
A) Can she (sister-in-law) and/or my nephews claim a share of the house, and compell me to sell it?
B) Can my sister (who is married, earning, and staying elsewhere with her husband and children) seek a claim, and compell me to sell it?

Thanks, in advance
KamalNayanSaxena (Expert) 03 September 2008
well explained by Mr. Sriniwas, but Your sis-in-law can claim her share, but can't compell you to sell it.

For more details pl. refer to;
AIR 1996 SUPREME COURT 1826 "Narashimaha Murthy v. Susheelabai"
SANJAY DIXIT (Expert) 03 September 2008
Yes I do agree with Mr Kamal. Nobody can compell you to sell the property but may claim their share.

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