satya mike 27 April 2019

Ancestral property - rights of married sister

Sirs, a close relation of mine who is married and a sister to two brothers is facing a problem. Recently both parents passed away without any will there is this ancesteral house worth a big amount and 2 brothers who are settled in New zealand now are telling the sister to sign a blank settlement agreement whereby they will sell the house as they are not going to come to India now forever and they will decide on 10% share of property sale value. they claim that they have spent a huge amount in nurse etc. for taking care of parents and their regular flight monthly visit to parents and also the huge loans they have taken in new zealand for their house. so they propose to take 90% and give 10% which is randomly arrived at. they justify that since she is married and there is no expense she has incurred in looking after parents tas sons they are entitled for the decision. the family is Hindu and she is married for over 35 years. query is there any remedy in law for fair share of ancestral property or is she not entitled at all

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4 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 27 April 2019

irrespective of spending for medical health by sons, married daughters cannot be deprived of equal share of ancestral property. file a suit for partition

kavksatyanarayana (subregistrar/supdt.(retired)) 27 April 2019

Dear queriest, daughter has equal right over the property of her parents with his brothers.

Dr J C Vashista (Advocate) 28 April 2019

I agree with experts, Hindu Successtion Act, 1956 (section 6A) amendment act of 2005 has granted equal right of daughters in intestat property.

It would be appropriate to consult a local prudent lawyer with relevant documents for better appreciation, guidance and proceeding.

Shashi Dhara 28 April 2019

U first file civil suit against them in civil court for partition and take injunction not to alienate the property until the suit is disposed.as they r in abroad they will come to compromise if not they have to proceed the case.it take -------yrs to finish.