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Sisters' right on father's property
09-Mar-2023 (In Property Law)
My Brother-in-law has 3 sisters. 2 sisters got married before 2005 and one sister got married after 2005. His father died in 2010 and before he died he gifted all his property to his son. My Brother-in-law’s grandfather earned all these properties but he registered directly to his son’s (Brother-in-law’s father) name. So these properties directly registered to my Brother-in-law’s father name and then gifted to my Brother-in-law. Now my Brother-in-law’s sisters filed a case for property share in the court. Is there any chance for my Brother-in-law’s sisters to get a share on his property? If yes how much they can get?
It will be construed as ancestral property if it is proved that the property was bought by your Brother in law's grandfather then, the sisters of your Brother in Law can claim their rights over the property as your Brother In Law's Father died in 2010 when the 2005 amendment was in force. Although, if the same is not proved then the property will be construed as Self-Acquired Property and then the sisters can not claim their right on the property if it was transferred to your Brother in Law by way of gift deed or by a way of testament/Will.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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