Can sister claim share in property after father's death

756 votes

Property is ancestral that's why nobody can you stop your sister in law to have a share but it depends upon the will how property will be distributed amongst all and if the property is interstate then there will be different procedure

Advocate Siddharth Dev LawRato

834 votes

Brother your query is little confusing. First of all your brother have a share in the ancestral property not your sister in law and she can claim share from the share of her husband I.e. your brother and not otherwise at all. The distribution needs to be done amongst the sons of the ancestors be it your dad and his siblings as per law

Advocate Harshit Jain LawRato

968 votes

Dear Querist, your query is slightly misplaced and incomplete. However, I shall answer based on what I have understood.
Your father in law died intestate (that is without will) in 2013.
Now there are many relevant facts which are needed to address queries regarding properties, such as whether all the properties were self acquired by your father in law; or whether theyes were ancestral; or made out of joint business?
Who all members are making a claim, since you mentioned uncle and aunts as well..
Also, on what basis is your sister in law claiming division only in two parts? Please note my contact details from my profile and I shall address your query in detail.
With half and unclear facts, it is inappropriate to respond based on assumptions.

Advocate Tanu Malhotra LawRato

890 votes

Preliminary opinion: In the property matters post 2004 daughters have an equal right in share of undivided property. You should file for partition and afterwards settle the terms and conditions of the division in mediation by the permission of the court.

For details regarding the shop, you might have a possibility of not giving a share but that can only be accessed by going through certain documents:
1. Father's property both movable and immovable.
2. Did he by conduct or performance made any specific title or responsibility to any of the heirs?
3. Where are the shops registered and what are the terms of its purchase deed?
4. Is your mother in law still alive?
5. How much the father invest in the sister's mareiage and education!?
6. How much the father invested in sons till now.
7. What is the line of business done in the shops?

Advocate Ramaditya Tiwari LawRato

943 votes

Your sister in law is demanding what part of share and in accordance to what??Who is the legal heir of father in law ;your brother in law or sister in law??If it's your sister in law then women hold equal rights since September 2005 and entitled as equal copacener ,and if your brother in law is the legal heir then the share as you said has been already alienated...Therefore need to analyse the situation secondly in this case either a family settlement deed can be acted upon or a suit for partition and declaration can be filed in competent jurisdiction.Thanks

Advocate Nishant Solanki LawRato