Sister asking his share in property
5 months ago
My father's uncle give his share of ancestor property to my father than my father give to me and my brother. He transferred all property equally between me and my brother in 1991 father died in 1994. Can my sister ask for her share in property today
If she can what should I do so can't take the property share
A.Dear client,
According to section 10 of the Hindu Succession Act, the daughter has an equal share of the sons in the ancestral property. Here your sister can claim 1/3 rd share of the ancestral property.
Thank You.
According to section 10 of the Hindu Succession Act, the daughter has an equal share of the sons in the ancestral property. Here your sister can claim 1/3 rd share of the ancestral property.
Thank You.
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A.Dear Client,
Under the Hindu Succession (Amendment) Act, 2005, daughters could claim their share only if the father died after September 9, 2005. However, the recent judgment passed on August 11, 2020 by the Supreme Court has made it clear that the daughters enjoy equal rights to their father’s ancestral property, irrespective of the year of their father’s death. The Supreme Court has further stated that if the daughter dies while her father is alive, her children can claim their mother’s share of her grandfather’s ancestral property. The Apex Court claims that a daughter receives her coparcenary rights by birth. Thus, the rules under the Act apply even when the father was not alive at the time of the amendments made in 2005. Moreover, regardless of marital status, a daughter has the right to inherit coparcenary/ancestral property.
Under the Hindu Succession (Amendment) Act, 2005, daughters could claim their share only if the father died after September 9, 2005. However, the recent judgment passed on August 11, 2020 by the Supreme Court has made it clear that the daughters enjoy equal rights to their father’s ancestral property, irrespective of the year of their father’s death. The Supreme Court has further stated that if the daughter dies while her father is alive, her children can claim their mother’s share of her grandfather’s ancestral property. The Apex Court claims that a daughter receives her coparcenary rights by birth. Thus, the rules under the Act apply even when the father was not alive at the time of the amendments made in 2005. Moreover, regardless of marital status, a daughter has the right to inherit coparcenary/ancestral property.
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