Sister share in father property .
Querist :
Anonymous
(Querist) 18 October 2011
This query is : Resolved
in mumbai , maharashtra . elder sister married in around may 1979 and younger sister married in feb 2005 . can both sister entitle for share in fathers self earned property. father has written no will . please give the appropriate section for either entitle or not
entitle .
prabhakar singh
(Expert) 18 October 2011
In fathers self earned property When he has died intestate his heirs according to Hindu Succession Act 1956 ,would be his mother ,widow,sons,daughters,or sons....etc as provided in section 8 of the said Act because of being heirs mentioned in class I of the schedule of the Act and all shall take simultaneously and equally as per section 9 of the Act.
So in case if you only two sisters are the heirs left by your father and your mother or grand mother or any brother or any son or daughter of a predeceased brother is not there then YOU BOTH SHALL GET 1/2 AND 1/2.
Khaleel Ahmed Mohammed
(Expert) 18 October 2011
Religion is more important to advise in such matters. If they belongs from Hindu Religion, the both will succeed the property in equal shares. If they belongs to Islam, both will get 2/3 rd of the property in equal shares, remaining 1/3rd of the property will be succeeded by the sisters and brothers and parents of the deceased.
prabhakar singh
(Expert) 18 October 2011
THE RELEVANT PROVISIONS OF THE aCT ARE REPRODUCED BELOW FOR YOUR READY REFERENCE::
The Hindu Succession Act, 1956
8. General rules of succession in the case of males.-
The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-
(a) firstly, upon the heirs, being the relatives specified in class 1 of the Schedule.
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule.
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased, and
(d) lastly, if there is no agnate, then upon the cognate of the deceased.
The Hindu Succession Act, 1956
THE SCHEDULE
HEIRS IN CLASS AND CLASS I
Son, daughter, widow, mother, son of a pre-deceased son, daughter of a pre-deceased son, son of a pre-deceased daughter, duaghter of a pre-deceased daughter, widow of a pre-deceased son, 1son of pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son, widow of a pre-deceased son of a pre-deceased son.
9. Order of succession among heirs in the Schedule.-
Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs, those in the first entry in class II shall be preferred to those in the second entry, those in the second entry shall be preferred to those in the third entry, and so on in succession.
prabhakar singh
(Expert) 18 October 2011
i AGREE WITH EXPRESSION OF Mr.: Khaleel Ahmed
ALSO.In case author is muslim the succession will proceed as told by him but with arithmetical correction as after 2/3 remainder would be 1/3 .
But What if father had not left behind any as his father,mother or any sister or brother would also be a contingency to be seen.
I guessed her Hindu on the basis of fact that she wanted sections of the Act to be quoted,which led me to infer she must be a hindu.
jatin sharma
(Expert) 18 October 2011
yes, above experts is right.
Sailesh Kumar Shah
(Expert) 18 October 2011
nothing required to add. I do agree with experts.
