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Father passed away without will sisters asking equal share in property


19-May-2023 (In Property Law)
Hi my name is narasimhulu.. age 63.. I have one brother and two sisters.. my father bought a house 40years back.. now he passed away without writing any will.. now my sisters asking for equal share.. both doesn't have kids too... Me and my brother reside in the same house.. plz help me out with this...
Answers (4)

Answer #1
809 votes
Hello Sir,

1. When did your father passed away? If if it before 2005, you may not have to share the property with your sister. If it is after 2005, your sisters have the right to the property of the father.
2. You may request your sisters to give up their share or you may give them money and settle the issue. Make sure that you get a settlement/partition deed.
3. If you do not share the property with your sisters and the issue is not settled amicably, then they will have to file a case for partition.

Please respond to my questions and I can assist you properly.
Regards,
Aditya.
Answer #2
976 votes
Sir, In your case Hindu law of succession permits an equal share to your sister on the demise of your father as he died without a will. However you may have other chances of retaining the property on knowing the complete facts of the case.
Answer #3
944 votes
Sir, whether the said house bought by your father on his own? or devolved from ancestor?, moreover your father did not write any will, so i presume it as self acquired. As far as Amendment Act 2005 is concerned it conforms equal share to female also. But we have to study pros and cons in your case. I am running short of information.
Answer #4
1000 votes
Dear sir,
I have quarry before giving my legal opinion. When father died?
Whether parties are Hindu?
Whether property is self acquired property of father or it is ancestral property? For correct legal opinion I hope you will send me details. Thanks

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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