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Sister claiming stake in property what is the way to avoid it
30-Sep-2023 (In Property Law)
We, 04 brothers, got our ancestral property and property earned by our father, distributed equally amongst ourselves officially i.e. with all paper at place in the year 2004. Now, our younger sister (the elder sister is no more, survived by 04 children) who is married and having two children, is claiming stake in property. We don't intend to give anything to her as at the time of partition, she was given enough monetary benefit and a piece of land along with a built-up house. What is the way out, please guide.
Your sister has right in the said ancestral property and you cannot deny her rights.
1. As per succession act 2005, which you have read, daughters have equal rights in the ancestral property. The parity in rights in ancestral property was conferred on females with the object of creating a level playing field between females and males and also to do away with the age old discrimination which was meted out to them in so far as a share in ancestral property is concerned.
So if there is an ancestral property in your family then you have an indefeasibly equal share therein which you can cull out by filing a case for partition. If you are disowned from this property or any attempt is made to sell it without your concurrence then you can take out legal proceedings to seek your share and also to stop the sale thereof.
2. In respect of the self acquired property of your parents you have no share therein during their life time. Your father and mother can during their life time make a will of their property. They can also sell or gift it to any one they desire. You will get a share in the self acquired property of your parents only in the event that they die without making a will.
1. As per succession act 2005, which you have read, daughters have equal rights in the ancestral property. The parity in rights in ancestral property was conferred on females with the object of creating a level playing field between females and males and also to do away with the age old discrimination which was meted out to them in so far as a share in ancestral property is concerned.
So if there is an ancestral property in your family then you have an indefeasibly equal share therein which you can cull out by filing a case for partition. If you are disowned from this property or any attempt is made to sell it without your concurrence then you can take out legal proceedings to seek your share and also to stop the sale thereof.
2. In respect of the self acquired property of your parents you have no share therein during their life time. Your father and mother can during their life time make a will of their property. They can also sell or gift it to any one they desire. You will get a share in the self acquired property of your parents only in the event that they die without making a will.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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