Can my sister claim in our father's property?

Question

Can my sister claim in our father's property?

21-Jan-2023 (In Property Law)

Respected sir, my father expired on 28th FEB 2002, and my mother expired on 3rd DEC 1992 . I have 1 elder brother & 01 younger sister and all are married. sister married on feb 1997, we have one house & one plot in my father's name . we want to sell it .please advise me, whether my sister is legally eligible for father's property or not. if she file a case Whether she will succeed? father gave her a lot in her marriage & liquid money given equally after my father's death. Kindly answer..

Answers (3)

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Advocate Minansu Bhadra LawRato · Accepted Answer · 2016-01-21T07:07:49+05:30

Answer #1

The right of women seeking equal share in ancestral property, the Hon'ble Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force. The court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005, could not have retrospective effect despite it being a social legislation. The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.

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LawRato LawRato · Accepted Answer · 2016-01-24T00:41:58+05:30

Answer #2

Dear Client, Do not worry, your sister cannot claim her shares into the father's property. Because as per the recent landmark Judgement of the Supreme Court, if a person dies on or after 2005, then only her daughter can claim her shares in the property. But you father has expired on 28th Feb, 2002, so even she files case, she will not succeed in her case.

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LawRato LawRato · Accepted Answer · 2016-01-25T02:27:00+05:30

Answer #3

You are silent as regards the nature of acquisition of property of your father. If the same is his ancestral property then your father having died before 2005 your sister has no share in it. However if the same is his self acquired property then your sister has share in it. As regards your mother's property your sister has equal share whether the same is her ancestral property or sell acquired.

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