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Bapurao (Manager)     01 March 2012

Deceased married sister's rights to claim father's property

I have four sisters out of which three are deseased and only one alive. I have three brothers, out of which three are deseased. One brother died after marriage and two brothers died unmarried. My father has not written any will in anyone's favour. The 7/12 of the land still reflects my father's name. After his death and the death of my mother, the property share will be transferred to his heirs. My question is:

 

1. Can sons and daughters of my deseased sister claim property share of their maternal grandfather (my father)?
2. Can my married sister who is alive claim property share of our father?
3. Can my elder brother's son and daughter claim property of their grandfather (my father) after death of their father (my elder brother)?
4. What happens to the property share of my two brothers who died unmarried?

 

I would like to know the ratio in terms of percentage that every legal heir would get in the above scenario. Can anybody advice me?



Learning

 16 Replies

Adv Archana Deshmukh (Practicing Advocate)     02 March 2012

1. Yes, sons and daughters of my deseased sister claim property share of their maternal grandfather.

2. yes

3. yes

4. The share of the unmarried deceased brothers won't be considered, i.e there share will not be calculated.

5. The property shall be equally divided between all the living heirs and deceased heirs (who have left children)

The share of the deceased shall go to his/her children.

1 Like

Bharatkumar (ADVOCATE )     02 March 2012

I agree with Ad Archanaji. 

Bapurao (Manager)     02 March 2012

Thank you Archanaji and Bharat kumarji for your kind assistance.

 

I want to amend my original post. I said, "One brother died after marriage and two brothers died unmarried". The correction is: One brother died after marriage, one brother died unmarried and one brother gone missing since more than 6 years. We have made a missing complaint in November 2005.

 

I am attaching a file with the calculation of share. Kindly check and let me know if the calcuation is proper or need some correction. Appreciate your efforts. Thank you.


Attached File : 84627818 share.xls downloaded: 194 times

Bapurao (Manager)     04 March 2012

Eagerly awaiting your reply. Thank you.

Shantilal Pandya ( Advocate)     08 March 2012

 

 All the sons  and daughters  will get equal shares in the property  how ever some questions  remain to be  unanswered ,  it is better if you   contact by phone via LCI

Shantilal Pandya ( Advocate)     08 March 2012

Originally posted by :Shantilal Pandya
"


 

 All the sons  and daughters  will get equal shares in the property  how ever some questions  remain to be  unanswered ,  it is better if you   contact by phone via LCI

how ever issueless deceased  daughters  have no claim  like wise unmarried  deceased brothers have no claim , you have  stated  later on that   one of you brothers is not  dead but is  missing , if the  missing brother is found later on   and  if he is  dead  but leaving behaind him his heirs  then  differnt calculation may  affect the ratio  of rate of shares

 you may contact

 

"

JP Dubey (retired)     11 December 2012

 

Can legal heirs and successors of a deceased hindu female, who was a joint holder of lease in a bunglow in Bhopal (MP) built by her father ( and mother) who had died intestate, file for partition of the same? Lease renewed in 2009 in the name of all brothers (including widows of deceased brothers) and sisters. Brothers /  widows continued to live in the same for 3  decades. Now they have produced a family settlement allegedly executed by all ten years ago to the effect that sisters consented to forgo their share in the property for no consideration except that brothers(and widows) amicably divided the same, On a Rs. 100 nj stamp paper and notarised. Also affidavits notarised and Rs.5 nj stamp papers, dating back to 1999 nd 2008 by sister(s) declaring that they forgo their right in favour of brothers  and their heirs too will have no claim in the said property. Are  these docs- notarised family arrangement and affidavits valid and sufficient grounds for relinquishment of sister's share in their father's house. Or continued stay by brother's family and their building additional quarters thereon and hinderance? Will it have any effect on validity of the family settlement if sons and daughters of the deceased brothers  were left out. The deceased sister never signed any such papers in presence of notaries in Bhopal. She was critically ill for many years during which fradulently her signatures could have been obtained on some.

 

Occupant brothers say that legal heirs of the deceased sister have no rights in the said bungalow.

Ralph Gangawane (SEO)     18 December 2012

 

My maternal grandfather has 2 sons and 3 daughters. He died in November 2012. He did not made any will for his property. Now they all are thinking to change the ownership to my maternal grandmother.

Can my maternal grandmother thereafter have a right to make her will to give all the property to her 2 sons without asking her 3 daughters?

Now, is it possible for the 3 daughters to ask for her share in fathers property?

Adv Archana Deshmukh (Practicing Advocate)     18 December 2012

If all the heirs relinquishes their shares in favor of  your grandmother then, she can become the owner of the whole property. She can thereafter make a will in favor of any person of her choice and there will be no need for her to ask anybody in respect of it.  

The daughters can claim their share in their father's property now.

Ralph Gangawane (SEO)     18 December 2012

Thanks a lot for your response. While maternal grandmother is still alive, then also the daughters can claim thier share in their father's property now?

Adv Archana Deshmukh (Practicing Advocate)     19 December 2012

Yes, the daughters are the class I heirs of their father along with their mother and brothers.

JP Dubey (retired)     19 December 2012

Kindly view my post above. Can a notarised and for no consideration,  "family arrangement" on Rs. 100 nj stamp paper with sisters consenting to forgo their share, alleged to have been excuted 10 years prior to renewal of lease deed of a nazul plot on which the house had been constructed, in favour of all including sisters a  valid and adequate documents under HSA and Stamp Act for relinquishment of sisters' share in house property aquired by their  father who died intestate? Or notarised affidavits alleged to have been executed by sisters prtor to mutation. What is the validity of such mutation and lease nenewal? And if one sister categorically that the deceased sister had not signed in her presence  states and medical records prove it to be most unlikely for her to travel, can the deceased sister signatures on such documents on the alleged dates be taken as good evidence?

Ralph Gangawane (SEO)     19 December 2012

Again thanks a lot Archana'ji for your valuable response..

Ralph Gangawane (SEO)     19 December 2012

Is it possible to change the ownership of the property without involving or asking the 3 daughters?


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