Daughters share in fathers property
24-Mar-2023 (In Property Law)
Sir, I am staying in my father's property. My father expired around 40 years back and my mother is alive. I am the only son and have two elder sisters. Kindly let me know whether my sisters are eligible for their share in my father's property.
If property belonging to your father & he passed away before 2005 then only yourself and your mother are entitled to enjoy the same as an class -1 legal heirs and your sisters are not entitled for the same as per amended section 6A of Hindu section act as recently held by Supreme Court and it has been contended that if father is alive after 2005 then only female siblings are entitled for share in father property. If father is dead before 2005 then female siblings are not entitled for fathers property as per Hindu succession act.
Hi,
As per the latest supreme court judgement if they married before 1994 and immediately after death of your father right transferred to your name. hence they cant claim any property from your account
As per the latest supreme court judgement if they married before 1994 and immediately after death of your father right transferred to your name. hence they cant claim any property from your account
Hi,
In the given situation, without the Will, the son can not have complete ownership of the house. After the death of the father, his property devolves by succession on his legal heirs in equal shares i.e. deceased's wife, daughters and sons will each have equal share in the property; Though it is permissible for one or more legal heirs to relinquish their share in favour of other legal heir by executing a Relinquishment Deed.
In the given situation, without the Will, the son can not have complete ownership of the house. After the death of the father, his property devolves by succession on his legal heirs in equal shares i.e. deceased's wife, daughters and sons will each have equal share in the property; Though it is permissible for one or more legal heirs to relinquish their share in favour of other legal heir by executing a Relinquishment Deed.
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