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prudeep (Prof)     01 July 2011

Property

My father in law died in 1990 leaving behind substantial ancestral landed and residential property in 1991. My mother in law who subsequently managed the ancestral property and also had some property in her name died without leaving a will in 2004. Thereafter the property has been managed and enjoyed by her brothers.

My wife has 2 other sisters. Neither she nor any of the other sisters have derived any benefit from the property. Despite repeated requests the brothers have refused to share any benefit with any of the sisters.

We were married in 1992 whereas the other sisters have been married before 1990

I would like to know

(a) As a result of Hindu  Succession Act (Amendment) 2005 what  right in the ancestral property has accrued to the sisters? Do the sisters have a right to a share of the ancestral property?

(b) What share do they have in the property in the name of my mother in law ?

(d) What is the alternative to force the rights of the sisters (if any) other than a partition suit?

Thanks

Prudeep

    



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     01 July 2011

Yes definately sisters have got equal share along with the brothers and mother.  After the death of the father succession opens.  Daughers being the legal heirs they are entittle to claim their legal share in the properties of the deceased father.


(Guest)
he died on 1990-amendement would help.

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