Procedure for share of sister in joint property of brothers.

Question

Procedure for share of sister in joint property of brothers.

08-Dec-2023 (In Civil Law)

There are Two Brother’s “ A,B “ & One sister “C” purchased a property Jointly in Year 1978. Near Hyderabad 1) Brother A does not have children & his wife passed away 6 years back. And brother A passed way in 2017 without leaving any will. 2) Brother B passed away in 2005 leaving his widow wife & One son. 3) One Sister C who is still a alive with there children & Daughter . Now the question is There are other sisters to A&B apart from C…. who did not invest anything in the set purchased property jointly by A,B&C. This is self-acquired property by A,B&C. Now remaining sisters who all are married did not invest anything in property wants Share in Brother’s A property. Do Remaining sisters have share ?? in who did not invest anything in self-acquired property jointly purchased by A,B&C.

Answers (3)

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Advocate P V Reddy LawRato · Accepted Answer · 2017-12-13T15:28:32+05:30

Answer #1

As for as concerning C share is absolutely of her coming to the shares of A and B their integrated shares should go to their heirs of classone and if not there goes class two heirs but not straight away

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Adv. P V Reddy Adv. P V Reddy

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Advocate Rajagopalan LawRato · Accepted Answer · 2017-12-15T20:51:43+05:30

Answer #2

Madam since A, B and C have purchased the properties in joint names, these properties are self acquired properties. So in law, A,B and C are Tenants in Common.. Tenants in common have no rights of survivorship. Unless the deceased individual's will or other instrument specifies that his or her interest in the property is to be divided among the surviving owners, a deceased tenant in common's interest belongs to the estate. So coming to your case, Property of A will devolve with B and C(as A had no class I heirs). Subsequently Property of B will devolve on his widow, son and C. Remaining sisters cannot claim any share of A by virtue of being class II heirs(remember yours is Tenant's in common and hence only B and C will succeed to the share of A Hope this information is useful.

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LawRato LawRato · Accepted Answer · 2017-12-19T07:40:08+05:30

Answer #3

Based upon your data though the remaining sisters didn't invest in such property and "A" left that property without tranfering any right through will or in any manner remaining sisters will automatically get right on his share.

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