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Does my sister holds any right in the ancestral property
30-Apr-2023 (In Property Law)
Sir, I am Aged 61 year, Religion Hindu. I have one brother and sister, I reside in Hyderabad, Telangana and brother in Faizabad and sister is married in 1993. and settled in Delhi. We have ancesstral property of Great Grand Father in faizabad, U.P. occupied by brother, He wanted to sell and share among brother and sister. my grand father & father were only son and expired before 1999.They have not left and WILL. we know to obtain successor / legal heir order from Tehsil office to execute Sale deed. please clarify whether we need to add sister name in Affidavit to obtain succession certificate. and what is her rights in this Ancestral property ( 50 percent or 1/3 percent ) Pl. clarify.
If u r willing to obtain succession certificate from Tehsheeldar,u r required to mention ur sisters name with equal share (not 50 or1/3)to the ancestral property as per Hindu succession act1956,2005 amendment. U may also skip ur sisters name if there is no objection on their part in near future. Ur sisters may also give affidavit to that effect,it often happens in routine manner.As per current sc decision,u seem to be winner in this case if any case arises asto right nd title to that property in near future by ur married sisters.
Helpful?
Adv. Sushil Kumar Verma
Ghazipur | 25+ Answers
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