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deepak kumar   07 March 2021

right of married girl child

i am the youngest sibling among the four. eldest one is a married sister, then a married brother, again a married sister and then me. i am a teacher in a coaching institute. our father died five years ago. mother is staying at native place. i have only paternal home where my mother lives. Recently it came to our notice that a company wants to take the land and give amount in lieu of that. with that money me and my elder brother planned to purchase a home at some other place. now with this, my elder sister and his husband have come forward to claim their portion of money. the amount expected to come is 40lakhs. the other sister is also expected to ask for her portion. in this way, we won't be left with enough amount to own home anywhere sending us homeless. in this situation, what is the best I can do, plz suggest.


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 3 Replies

Advocate Bhartesh goyal (advocate)     07 March 2021

Your all siblings and your mother have equal rights and share in your paternal house and land so you can not deprive them to claim their share.

deepak kumar   07 March 2021

does the law forces the sons to sell their paternal house to settle the demands from girl child even if they are homeless

Anaita Vas   18 January 2022

If your mother were to pass away intestate, your sister as a class I legal heir would have the same share in her parents’ self-acquired property as you, and the fact that she is still married would have no bearing on it. However, if your mother leaves the property to you in a will, she will have to prove that the will is invalid to be able to lay a claim on it.
As far as the ancestral property is concerned, she can stake a claim over it by virtue of her birth. For the self-acquired properties as well, her being a class I legal heir, has a claim over these. This is, of course, if your father has not willed or gifted the properties to someone else. She can claim the properties by applying for a succession certificate in the civil court or high court that has jurisdiction over the property or her place of residence. Once the succession certificate is granted by the court, the properties can be transferred in her name.

 

Regards,

Anaita Vas
 

 

 


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