Legal heir claim

what rights have been conferred on females by the amendments in

.pl also read this

15. General rules of succession in the case of female Hindus

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in

section 16 :

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or

daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1)-

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the

absence of any son or daughter of the deceased (including the children of any pre-deceased son or

daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon

the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall

devolve, in the absence of any son or daughter of the deceased (including the children of any pre-

deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified

therein, but upon the heirs of the husband.

16. Order of succession and manner of distribution among heirs of a female

Hindu

The order of succession among the heirs referred to in section 15 shall be, and the distribution of the

intestate’s property among those heirs shall take place, according to the following rules, namely:-

Rule 1- Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred

to those in any succeeding entry and those including in the same entry shall take simultaneously.

Rule 2- If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own

children alive at the time of the intestate’s death, the children of such son or daughter shall take

between them the share which such son or daughter would have taken if living at the intestate’s death.

Rule 3-The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e)

of sub-section (1) and in sub-section (2) of section 15 shall be in the same order and according to the

same rules as would have applied if the property had been the father’s or the mother’s or the husband’s

as the case may be, and such person had died intestate in respect thereof immediately after the

intestate’s death

Your sister have right 1/6th share. Settle the equvalent amount to your sister and bought her share in your favour.

Yes the sister has right to her share.

However in same vein , she does not have unfettered claim to demand money for it by force.
You may set aside a room where if she wants she can come and stay.

She may also if she so chooses sell her portion to outsider if she so chooses , but it will be hard for her to do so

I have someone in near family who has put a claim in, claim is not denied ,  yet its in court for almost 20 years , not much expenditure on residents.

Further court will give weight to fact that original expenditure was done by father , one of the claimants of the property

In long term you can settle mmatter amicably

she has all the right either she can go for partition suit, or u people can get a relinquishment deed by paying her due share.