pkpatra (NA) 17 November 2023

Can married sister claim father's house where brothers with their family live now?

We are 4 brothers and one sister, all married; and 3 of us brothers live in our father house with our family; separate kitchen. Both our parents have expired. We are all of 60+ age. The house in which we live is in the name of our father. Recently, we 4 brothers have decided to divide the house and adjacent kitchen garden space equally & mutually among ourselves. Sister is married since 40 years now. Question is: can she claim her share of this house / kitchen garden? We have got to know that sister normally cannot claim her share of brother's dwelling house. Is this correct?

Thank you

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Quick Summary

Four brothers living in their deceased father's house with their families are planning to divide the property amongst themselves. Their married sister, who has been married for 40 years, is questioning if she has a right to claim a share. Legal advice confirms that as a legal heir, she is indeed entitled to a share of the property. It is recommended to settle the matter amicably with the sister to avoid potential legal disputes and ensure she receives fair compensation for her rightful share.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 18 November 2023

Your sister being one of the legal heirs to your deceased father, she is very much entitled to a share in the property as a right.

She cannot be excluded while dividing the property among the male legal heirs alone, she should be given at least a consideration amount as a compensation towards her share in the property, if not she can very well approach court with a suit for partition and a claim for her legitimate share in the property that belonged to her deceased father, who is reported to have died intestate

Advocate Bhartesh goyal (advocate) 18 November 2023

Yes, your sister is also equally entitled to get her share in the property left by your father.Better settle the issue with your sister and get relinquished her share in favour of you all brothers to avoid unhappy situation.

T. Kalaiselvan, Advocate (Advocate) 18 November 2023

As suggested, you may better arrange a meeting, reconcile the differences, arrive at an amicable solution instead of stretching it through legal process