Batch_14th Harikrishna 02 August 2021

property share

i had two elder sisters, my father given a land property to each separately when they are getting married and the land given to both of them is worth equal to land property which is remaining to my father. my father dead without any will to me on remaining property he had. does it now goes to my mother? even she dies without will then will my sisters again have right to ask the remaining property even though they had given already at their marriage which is equal to land property left behind .can i take the left property as I'm also a child of him.

Reply Follow

2 Replies

BHAVYA SOM GARG 03 August 2021

Well, the question raised by you has to be dealt in two aspects: Under Hindu law and under Indian Succession Act.

If Hindu law is applicable in your case, Sections 8, 9, 10 and Schedule I of the Hindu Succession Act, 1956 are relevant in your case. As per these provisions, upon the death of the father who did not make a will, the property shall be divided equally among the Class I heirs (son, daughter, widow), with each of them getting an equal share.

But if Hindu law is not applicable, then the Sections 32, 33, 36, 37 of the Indian Succession Act, 1925 shall be applicable. As per these provisions, upon the death of a father intestate, 1/3^rd of the property shall be taken up by the widow, and the remaining 2/3^rd property shall be distributed equally among the lineal descendants (son, daughter etc.) If there are more than one lineal descendant, the property shall be distributed equally between or among them.

Now, coming to your situation, ideally, the property would have been divided equally into 4 equal parts with your mother, your sisters and yourself getting a part each. But as things stand, your sisters already got their part when your father transferred the property to them on their marriages, and these parts were equal to the part that remained, meaning that an equal distribution was made by him. So, for all practical purposes, they stand out of the picture. Now, the remaining property shall be divided into two parts, with your mother and yourself getting one each. When your mother will proceed for the heavenly abode, her part shall transfer to you.

There can be one issue. Your sisters may stake a claim on the remaining property also, stating that they have a right to the remaining part as well. But, the facts laid down express that had your father been willing to transfer more property to the daughters, he would have done during the initial transfer itself. So, considering the practicality of the transaction, the sisters won’t have a right on the remainder of the property.

Hope your query is resolved.

srishti jain 04 August 2021

As per your query,

Since your father died intestate, that is, without making a will, all the legal heirs, including you, your sisters and your mother, will have equal rights over the property.

Assuming that your father belonged to the Hindu community for the purposes of this question, the procedure for distribution of property as per the Hindu law has been discussed below.

Under Hindu law, it is important to know whether the property is ancestral or self-acquired to distribute the same. In the case of an inherited property, an equal share accrues by birth itself, be it a daughter or a son. Thus, the father cannot Will such property to anyone he wants to, or deprive a legal heir of his share in it. However, in the case of self-acquired property, the father has a right to gift the property to anyone he wants, and the legal heir will not have a right to object. If the self-acquired property is not gifted or willed, to a third person, it will be distributed among the legal heirs of the owner equally.

Hope it helps,

Regards,

Srishti