Civil Procedure Code (CPC)

property heir


The property was purchased after my sisters marriage, where as the money to purchase was given by me and my brother, the registration was done on my father's name, but now after my father passed away, my sister is claiming share from that property. will she get the share?
 
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Advocate

Yes she can because she also a legalheir of your deceased father 

 
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subregistrar/supdt.(retired)

Yes.  She has a share in the property with other legal heirs of your father.

 
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Lawyer

Originally posted by : Danu Sha
The property was purchased after my sisters marriage, where as the money to purchase was given by me and my brother, the registration was done on my father's name, but now after my father passed away, my sister is claiming share from that property. will she get the share?

Whether your father has executed any will or not ?

If he has not left any will the property is intestate and your sister has an equal (1/3rd) share. 

 
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Retired Manager

Kindly note that what is on the document shall stand and in the instant case, the property is in the name of your father and presumably your father passed away in-testate and therefore all legal heirs including married daughter too shall be legal heirs to share the same.

 
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Advocate

Yes, the sister is a legal heir to the late father's property left intestate.

 
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Hello mam, greetings of the day.
As per your query, if the property was registered on your father’s name and he died intestate, then your sister can claim it. It doesn’t matter if the property was bought after her marriage and the fact that only you and your brother paid for it. According to the Hindu Succession (Amendment) Act 2005, daughters have the same right as sons on their father’s self-acquired property, if he dies intestate, without a will. The property must be divided equally among all the legal heirs of the father. The marital status of the daughter has no bearing on her right to the property. Hence, being a legal heir, a daughter has the right to stake a claim over the property of her father irrespective of what her siblings or mother claim. So if the father has a self- acquired property or a separate property and he dies intestate, then the daughter belonging to the Class I heir will have succession rights equal to her living mother, sister, grandmother and brother.  And no one can deny her of that.
Hope this solves your query.
Regards
Nirali Nayak
Law Student

 
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Advocate

I agree with the views of all the experts opining that the property now lying on your deceased father's name, who has been reported to have died intestate, the properties left behind by him shall devolve equally on all his legal heirs which include you, your siblings of both the gender and your mother (if living).

You can discuss with your family members and agree to give the value of her share in the property if she agrees to the proposal, which can be shared by  all other legal heirs and subsequently the other shareholders can draw a partition deed on mutually agreed conditions, get it registered and take possession of the  share of each accordingly. 

If she adamantly insists on  share alone and the other shareholders also do not agree for a mutually agreed partition then you may have to approach court of law with a suit for partition as per the provisions of law.

 

 

 
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