Married sister's right over unmarried brother's property, can sister claim brother's property?

945 votes

Madam/Sir,
In the event brother who is unmarried dies intestate (without making a will), married sister will get the property as per Hindu Succession Act, more specifically according to schedule 1 and schedule 2. You may make a partition of the said property if you so desire. Please call if you have any more questions.

Advocate Swapan Kumar Dutt LawRato

962 votes

if the wife and son of the brother is alive, then sister cannot claim the property of her brother. but if the brother is deceased unmarried then the law is there to provide the share of property of the brother to his brothers and sisters alive.

Advocate Sreemon Bose LawRato

646 votes

Hindu Succession Act provides if there is no Class I heir, the property to be devolved upon anybody first available in the Class II heair. Now Class II heirs serially are, Father. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter,.... Hence Sister comes before brother's son and daughter, hence the sister is entitled to the same. All the best. Regards

Advocate Ujjal Kumar Ray LawRato