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Can a married sister claim her share in father's property
17-Jul-2023 (In Family Law)
There is no documents of my house. my father was died when i am 11. water bill current bill property tax all receipts are with my father's name. i have 2 sisters. from the date of my fathers death(i.e. 2000 year) i have taken the responsibility of my home and every financial transactions bills including my sisters marriage expenditures with dowry all is mine. my home is not worthy it is below 10lakhs i have spent my money all these years and only my sister marriage and rest of things cost was 4lakhs. now my one of my sister is claiming that she has a right on my home. How to deal with this situation?
Dear,
You did not mention about the nature of the property i.e., whether the property is self acquired property of your father or if it is an ancestral property.
If the property is an ancestral property, the daughter cannot claim share in the property if the father died before the Hindu Succession (Amendment) Act, 2005 came into force. The Supreme Court said the father should be alive as on 09.09.2005 for the daughter to become co-sharer of the property along with her brother(s).
If the property is self acquired property of your father, your sister has equal rights in the property along with you. If your mother is alive she will also get an equal share in the property along with you two.
You did not mention about the nature of the property i.e., whether the property is self acquired property of your father or if it is an ancestral property.
If the property is an ancestral property, the daughter cannot claim share in the property if the father died before the Hindu Succession (Amendment) Act, 2005 came into force. The Supreme Court said the father should be alive as on 09.09.2005 for the daughter to become co-sharer of the property along with her brother(s).
If the property is self acquired property of your father, your sister has equal rights in the property along with you. If your mother is alive she will also get an equal share in the property along with you two.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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