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Santosh   19 November 2018

Rights of daughters on mother property expired in 1995

Dear Sir,

One house is in name of my mother who expired in 1995 without will. My father expired in 2010 without will. Still the house is on my mother name. Me and my father did not transfer house on our name. I am only son and has 2 sisters. I just want to know that does my sisters have any right on house directly or indirectly which they can claim in future? Please suggest.

 

Thanks



Learning

 4 Replies

Shashi Dhara   19 November 2018

All u have equal shares.i.e 1/3rd.

Kumar Doab (FIN)     19 November 2018

Which personal law applies in your case?

Are you all Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

Were daughters married on date of death of parents (Father/Mother)!

The property is in which state?

Was mother of your father alive as on date of death of your father?

Confirm!

Kumar Doab (FIN)     19 November 2018

Generically speaking; Anyone may claim share citing some reason as valid logic on legal grounds.

The claim has to either succeeded on merits or is to be defeated on merits.

The share does not vanish with time.

The Co-sharers may claim even mense profits.

The legal heirs may stake claim after their Mother!

 

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

You may mutate the property in the name of legal heirs.

Kumar Doab (FIN)     19 November 2018

You may try to buy share from sisters.

They may even by their free will decide to relinquish in your favor.


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