When survived by wife & son, do sisters have any share in property?
28-Oct-2023 (In Property Law)
Mr A has a registered plot in his name . Mr A died suddenly leaving behind his mother,wife and son as survivor . Mr A has three sisters. Now Mr A's mother also passed away and the property is still in the name of Mr A . How the registers plot will be distributed among all the heirs . Can the class 2 heirs or sisters claim share in Mr A's property?
Sir,
You have not mentioned an important aspect as to whether the property is ancestors or self acquired. In case the property is self acquired then neither of the siblings has any right over the property.
You have not mentioned an important aspect as to whether the property is ancestors or self acquired. In case the property is self acquired then neither of the siblings has any right over the property.
If Me A is Hindu by religion under dayabaga school law the 2 second class heirs claimant if the property was belong to ancestor i.e. father and grant father the second heir has right to claim but if perporty not ancestor it's self acquired property of MR A than after it depends on 1st class heirs to do partition
Opinion: firstly, to know whether it is joint family or not as on the date of the flat registered in the name of A .SECONDLY, to know whether there was a family partition among the sisters and A before purchasing the flat by A. If there was a registered partition between sisters, then sisters are not entitle for share. Further details, contact.
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