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Widowed Daughter asking for share in my Father's Property


24-Sep-2023 (In Property Law)
Hi, I am 63 year old male, residing in my fathers property in Chennai. My father died in the year 2010 and my mother died in 2015. Both did not left a will. I am residing in my fathers property along with my 2 younger brothers who are occupying their own house in the same compound. This property is in my fathers name, but myself and my brothers actually put money to purchase it. My Elder sister, who is widowed now. She is claiming around 1/4 share of the total property. Does she eligible for that much of share? Can you suggest on this? Also she is asking share on the rent Below are details of the property and other assets of my father. 1 House which we currently reside which is in the name of my father. (But partially we have put money to purchase this house)We have a proof of IT copy in which we denoted the share of amount which we have put to purchase the property. 2. Plot in name of my father which is ancestral property. 3. Shop in name of my father. 4. Jewels of my mother.
Answers (3)

Answer #1
996 votes
after the amendment act,2005 in hindu succession act, daughter weather married or not has equal shares as son.your father died in the year 2010. so, as per the new amendment act, she has equal share in the plots and shop. but, if you able to prove that the properties stand in the name of father, was actually contributed equal shares by you and your brothers,(the IT copy is valid),you can ask more,first divide it as 1/4. and add, 3 brothers share extra.jewels of your mother also has to be divided equally, as per section 14 of hindu succession act. if you able to prove that your parents solemnize the marriage of your sister and also put jewels for her,(which the father fulfilled his duty, and she got more share in your parents assets), if you able to prove it, you can get more and more.
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Answer #2
870 votes
Sir,
Further details needed to decide your case, on an whole what i understood is the property is ancestral one(i.e Plot) any development made by your father or by you and your brothers shall be treated as ancestral property only. May be knowing all those things your sister might have propose to create problem by raising her share?. Try to amicably settle the issue by consulting a lawyer in this regard. ok.
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Answer #3
684 votes
Your sister has all the rights to claim her fathers property and rental amount. you cannot unilaterally decide the property and claim rents by allowing it to rent. if she claims she was entitle to. so settle her by way of release deed.
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