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Can married sisters claim share in father's Property


21-Mar-2023 (In Property Law)
Dear Sir/ Madam, Greetings for the day..!!! As on date, We have 3 acres of Agricultural land registered in the name of my Father, who expired recently. Our family has 2 Sisters & 2 Brothers ; I am the Elder Son. My both sisters got married 30 years ago. My Father sold their share of land and gifted them for their marriage & other expenses. Now after my Dad's expired, both my Sisters are claiming equal share in the remaining property (3 acres of land). They filed a case claiming the same as per below law. Order VII Rule 1 & 2 of Code of Civil Procedure 1908(HB), SEC 26 CPC Our father did not divide the property, between both the sons (brothers), when he was alive. How can we claim our property, without sharing to our sisters. Please suggest & help Thanks & regards, Kumar
Answers (1)

Answer #1
581 votes
The law is if a Hindu dies intestate(means without writing a WILL) his self acquired property will devolve on his wife & children ( sons & daughters) in equal proportion. A Hindu can deal with his self acquired property in any manner he likes during his lifetime. You have no right to question the same. You or your brothers do not get a share in the self acquired property of your father automatically on your birth unlike in case of ancestral property. So if it is self acquired property of your father your sisters have equal rights along with you and your brother. If your mother is alive she will also get an equal share along with you all.

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