Married sister's right over unmarried brother's property

527 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

839 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

891 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

352 votes

In India, the rights of a sister over her unmarried brother's property are subject to certain legal considerations. Here are the key points to understand:

1. Equal Inheritance Rights: Under the Hindu Succession Act, 1956, both brothers and sisters have equal rights to inherit their parents' property. This means that if a brother dies intestate (without a will), his sister is entitled to a share in his property along with other legal heirs, such as parents and other siblings.
2. Married Sisters: Married sisters also have rights to their brother's property, whether he is married or unmarried. The marital status of the brother does not affect the sister's inheritance rights.
3. Unmarried Brothers: In the case of an unmarried brother's property, if he passes away without leaving a will, his property will be inherited by his legal heirs, including his sisters. The share of each sister would be determined based on the number of legal heirs and their respective shares as per the law.
4. Will and Bequests: If the unmarried brother leaves a valid will specifying how he wants to distribute his property, his wishes will be honored. However, any will must be executed as per the legal requirements to be valid.
5. Legal Advice: It's advisable to consult with a legal expert or lawyer to understand the specific circumstances and legal implications regarding the distribution of property in your case. Legal experts can provide guidance based on the applicable laws and individual situations.

In summary, sisters, whether married or unmarried, do have legal rights to claim a share in their unmarried brother's property in India. These rights are governed by the Hindu Succession Act and other relevant laws. It's essential to seek legal advice and follow the proper legal procedures when dealing with property matters to ensure a fair distribution among legal heirs.

Advocate Chikirsha Mohanty LawRato

309 votes

If your father did not acquire the property himself, then you can make a claim. If the property was earned by your father, then only he has the right to give it away. No one else can claim. If the property is not self-earned and is ancestral, he cannot give it to you alone. It will be shared amongst all heirs.

Advocate Chikirsha Mohanty LawRato