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arshad hussain   19 May 2021

property

residential property was in joint name with my elder sister. I mean registration of property is in two name myself & my elder sister. my elder sister expired. is there any rights of my elder brother, his son, daughter. my mother, father, one brother had expired. Only one brother is alive rest family members expired


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 9 Replies

Adv. Sagar Verma (Lawyer)     19 May 2021

It depends on whether the property is an ancestral or self acquired property. I have not understood your query correctly. If your elder sister was married and died intestate i.e. without creating a will then yes her children and husband can claim the rights over the share that she has in jointly acquired property. To understand the problem. Connect with me for online consultation. You send the contact details and your query on the email id mentioned below.
Adv. Sagar Verma
Bombay High Court
advsagarverma.official@gmail.com

kavksatyanarayana (subregistrar/supdt.(retired))     19 May 2021

As the property is your and your late sister.  For the share of your late sister, her husband and her children have equal rights over her 1/2 share in the property. Your sister's son and daughter, if husband alive they have equal shares over her 1/2 share.  

Sanjay Narayandas (Advocate)     19 May 2021

Hey, 

If that property that you speak about, is a property which was self acquired i.e., not something which was gotten through your ancestors or forefathers, then after her death, her children would get equal share of her share of the property. 

Sankaranarayanan (Advocate)     20 May 2021

You are not pointed about your deceased sister's family? What about her husband, children?

G.L.N. Prasad (Retired employee.)     20 May 2021

There are several missing links as to how the property was acquired and who actually acquired, the stated shares in acquisition, and legal heirs of sister etc.  Only a local advocate can study the case and advise you for further remedy if you are really facing any problem now.

T. Kalaiselvan, Advocate (Advocate)     20 May 2021

The property is jointly owned by you and your sister  hence upon intestate death of your sister, her share in the property shall devolve on her own legal heirs i.e., her husband nd her children if she is a married person.

If she was an unmarried at the time of her death then her class I legal heirs are entitled to her share in the property.

A lady who dies intestate, i.e. without leaving a will, her assets will be distributed according the Hindu Succession Act.

A lady is the absolute owner of her property whether self-acquired or inherited

The property of a Hindu female dying intestate, or without a will, shall devolve in the following order: upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband, upon the heirs of the husband. upon the father and mother.

In the first case, where the property is self-acquired, if the girl is married and the children and husband are also not alive, in that case, the property shall be distributed according to the chart where the first right is of that of the heirs of the husband and so on.

for an unmarried girl, it is the parents- both mother and father who will share the assets equally. And in the absence of the parents, the one next in order i.e. the heirs of the father will be entitled to her property and so on.

You may ascertain now about the successors of your deceased sister to succeed her share in the property/estate.

 

 

Dr J C Vashista (Lawyer)     21 May 2021

What is the document showing that you and your sister are the only titleholders and none else in the family ? If so, her legal representatives shall have a claim (equal share with you).

Incomplete facts can not lead to form proper opinion and oblige on the basis of presumption.

It would be better to consult and engage  a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

P. Venu (Advocate)     21 May 2021

Yes, the posting suggests deeper issues. Please post complete facts. How is that the property is registered jointly? Was it through purchase or inheritance? If a purchase, who paid the consideration? What is the basis for your siblings to claim inheritance?

Is not Mohammedan Law of inheritance applicable in the instant case? If so, the property is, certainly, not ancestral.

adeline   25 May 2021

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