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Nirali Nayak   04 June 2021

Share in father's property

Dear team,

My father bought a house that we are currently living in. We have no other property. My father registered a will whereby house after his death pass to his wife and after her the house is equally divided between his two sons. The dispute is my married elder sister also wants share in the house. What should we do ? Does she has a right in her fathers individual property?

Please help me out.



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     04 June 2021

As the property is your father's owned property, he can do as he wishes and no one has rights over the property in his life.  After him only if no Will is there, then only his wife and children including daughters have equal rights over the property.

Sankaranarayanan (Advocate)     05 June 2021

Your father is live?                                                   

Vasundhara Singh (Student)     05 June 2021

 Hello!  

Distribution of property among Hindus can be in two ways. One is testamentary where the person leaves a will before he dies and the other is where he dies intestate which means the death of the person without any will.   

If the deceased person has left a will stating the distribution of the property after his death, in such cases the will of the person is followed and distribution of property is done accordingly. In the second case, the property is divided among the heirs of the deceased person according to Hindu Succession Act, 1956.  

In your query you have mentioned that your father left a will before passing away mentioning the beneficiaries, then the property will be divided according to his will. According to his will, the property will be received by your mother and the elder sister has no say in the distribution of property.  

Best Regards,       

Vasundhara Singh      

Law Student  


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