How much property can be claimed by my sister as per laws?

Hi , i am the only son to my father(died 8 years back) and i have only one elder sister who is married 38 years back and now she is claiming for equal share in the property. details of the property are like one part(A) is in my father's name and another part(B) is in my grandfather's name. my mother also died 5 years back. my questions are 1) How much property she can claim from the A property which is in my father's name. 2)How much property she can claim from the B property which is in my grandfather's name.

Answers (1)

96 votes

Firstly if the grandfather's property has not been shared by any of his other legal heirs and it devolved only on your father's name, then the said property becomes your father's absolute property.
Thus along with A Schedule property (your father's self acquired property), the property acquired as a legal heir to his father shall devolve equally among all his legal heirs. In the said situation, your sister being a legal heir of your father who died intestate, is entitled to an equal share that you are entitled.
So the entire property can be divided into two equal parts and she can be allotted with one such share. This is the legal position.
However, if there is a mutual agreement between you both, then a partition deed can be drawn on the basis of an understanding between you both and can get the partition deed executed and registered.

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