Procedure in case brother is not ready to give the share to sister

885 votes

The property which is entitled by the woman in her lifetime is considered as her separate property and neither her husband nor her children have a claim in it. She is free to dispose of the property by way of will or gift as she likes it.

Section 14 of the Hindu Succession Act states that possessed by a female Hindu, whether acquired before or after the commencement of this Act, Marriage Act states the general rules of succession in the case of female Hindus. According to section 15, the property of a female Hindu dying intestate shall devolve firstly upon sons and daughters and husband and then in order as stated in the Act.

However, during the lifetime of the woman, the property would be regarded as her separate property, and neither her husband nor her children can claim any share in the property. However, if it is ancestral property, the share would be equal to what your brother would inherit. So whether you have a share in the property belonging to your family or not would depend on the question as to whether the property is ancestral property or a separate property belonging to your mother.

Advocate Darsh Pareek LawRato

735 votes

You have the equal share in your father/mother’s property. Mother can execute sale/gift deed your favor or can obtain a cheque of 1/3rd amount in your favor and by accepting the payment in your favour can execute sale deed.

Advocate Syed Zakawat Ali LawRato