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Does my sister have any share in our mother's ancestral property?


18-Apr-2023 (In Property Law)

My elder sister got married 15 years ago, she runs school and her husband is renowned businessman, has lot of property in NCR, hill station and in small towns. I’m doing satisfactory job.

 

My mother has a property from maternal side, my maternal grandfather & maternal grandmother is no more now it’s been more than 8 years, and my father is no more too. Now plz tell me does my sister has a share in this maternal property?

 

If yes, then plz let me know how much share. And also if she has the share then how should I proceed so that she can’t claim it in future.

 

Answers (1)

Answer #1
248 votes

Firstly, it is important to know if your mother has any siblings because as per the rules of Succession under the Hindu Succession Act, your mother and her siblings each shall have equal share in your maternal grandparents property.

Thereafter your siblings and you shall have equal share in your mother's share in case your mother dies intestate.

You and your sister each shall have a equal share in the property. And in case you wish to receive the entire share, you need to get it in writing from your sister that she is ready to transfer her share in your name. In case she wishes to retain her share then it is not possible to stop her from claiming her share.

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

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