quesDoes dead brother's daughters have claim in ancestral property?

This is a case of two brothers & One sister, one brother has died , while the other one is claiming all the property, the one claiming property is elder brother who has one son & two daughters, while the dead son has two daughters , have the deceased one brother daughters have any sort of inheritance or claim on the family property according to indian laws. Also want to know if the sister has any claims on the property.

  • ans“The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from September 9, 2005.
     
    “According to the new Section 6, the daughter of a coparcener becomes a coparcener by birth in her own rights and liabilities in the same manner as the son. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal,” which has been pronounced by various judgement.
     
    Therefore, the daughter and your other siblings  are equally  entitled for the share in your ancestral property.

     

  • ansYour starting line states that there are 2 brothers,then you say 1 brother and 1 sister has died.well if the property is ancestral all the legal heirs will get their share as per succession act.How much share each will get can be decided when all the list of members are given.

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • ans“The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from September 9, 2005.

    “According to the new Section 6, the daughter of a coparcener becomes a coparcener by birth in her own rights and liabilities in the same manner as the son. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal,” which has been pronounced by various judgement.

    Therefore, the daughter and your other siblings are equally entitled for the share in your ancestral property

    Advocate Sudershani Ray

      Kailash Hills, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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