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pradeep (na)     10 February 2012

Division of property after father's death

There are 3 brothers and 2 sisters, all married. Father died without making any WILL. Father has some ancestral property (agricultural land) in his name. Mother is house wife. During his service, long back father purchased a landed property and registered in mother's name. Now brothers want to sell that property. My question to the leaned members is-  "Can sisters will get share from this property?"


 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     10 February 2012

Yes sisters are equally entitled alongwith the brothers

pradeep (na)     10 February 2012

Thanks Mr. Bharat for your instant reply. But in this case property is on mother's name and she is not willing to give equal share to her doughters. What doughters should do in this situation?  Can mother decide herself that for example only 5% share to each doughter and remaining 90%  to three brothers?

Chaitanya_Lawyer_Mumbai (Lawyer)     10 February 2012

The ancestral property will be divided in 6 equal parts,mother,sisters & brothers.

The property in possession of mother is not ancestral as it has not passed through 3 generations,so she can sell it or gift it to any or all of the sons in her lifetime.

she needs to write a WILL in favour of her sons.

if such person dies without a WILL,sisters will get 1/5 of the share.

pradeep (na)     20 February 2012

Thanks for the valuable comments. Here I want to add some more information.

As stated earlier mother is not an earning member. The property was purchased by father and registered in his wife's name. Before demise, father decided to sell the property, also clinched the deal with someone and took Rs. 25 lacks as advance amount. He wanted to spend some money for extention & renovation of existing house (house is in father's name where elder son is residing now), and divide balance money to other sons and doughters for making their houses. But he neither make clear how he will divide it nor made any Will. Already extention & renovation work of existing house started and a part of advance money recieved is spent on it. Transferring the property on buyer's name will take lot of time as he promished piecemeal payment to deciesed father.  All brothers are staying separately.

In these circumstances may I request learned members of this forum to enlighten me whether doughters can claim their share on house and the property under consideration for selling.

priya   16 March 2016

Sir , am 25yrs of age. My expired in a fertiliser plant leaving me and my 1year baby girl alone.

My in laws are still alive.

My husband purchased a land and a house , and also his family have ancestral agicultural land.

My in laws are torturing me for money and sharss 

Kindly please tell the distribution of property.

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