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Vijay K (consultant)     19 August 2014

Brother self earned property share to unmarried sister??

Can an unmarried sister claim her brother's self earned  property / share ?? Unmarried sister is already getting pention of the father as dependent daughter. Unmarried sister is staying in the same house of the brother and not willing to leave home / sale property.
 
The property is self made by brother. He took loan from his office and paid EMI for 10 years for the property. Brother got married and having 2 kids. And also WILL already registered on the name of kids.
 
What is the possibility of the property go in disputes / issues???
 
Thanks in advance.
 


Learning

 7 Replies

Kumar Doab (FIN)     19 August 2014

 

 

It is believed that you are Hindu and Hindu succession laws shall apply.

 

 

If it is self acquired property of brother and registered in the name of brother then sister can not claim any share in the life time of brother and even after the life time of brother as sister is not ClassI legal heir until or unless brother gives away any share to sister by WILL.

If property is not owned by brother and was owned by Parents (Mother/Father) and parents are deceased and have not left any WILL then sister being ClassI legal heir (daughter) can claim her share.

IN case of any difficulty show the papers and WILL to local lawyer dealing in such/revenue matters.

Advocate Bhartesh goyal (advocate)     19 August 2014

Unmarried or married sister has no right over the self aacquired property of brother.

Laxmi Kant Joshi (Advocate )     19 August 2014

Agree with Mr. Bhartesh Goyal , sister has no right over the self earned property of his brother .

Vijay K (consultant)     21 August 2014

Thankyou sir.

rabindra biswas (engineer)     21 May 2018

Please help me with same problem respected sirs. My paternal uncle died in 2012 in pune. He was unmarried and bachelor till age of 72 and so he has no wife and no children. My father passed away in 2006. He has one brother and 1 sister staying in Kolkata who are fighting for his property. He has 1 flat each in pune and Kolkata. Sister is asking everything. They have made Kolkata flat illegally in their name. Can i file a case against them from pune? Does sister have any right on brothers self acquired property. If no could you please mention a law or statement in the respected books of law regarding the same. His sister bullies and threathens me as i don't have a father. Please help me respected sirs with your valuable advices. I will always be grateful for your help. Thanking you in advance..

Kumar Doab (FIN)     21 May 2018

In absence of ClassI legal heir’s sister has a right being ClassII legal heir.

You need to execute/probate the WILL as already suggested or strike amicable settlement and register family settlement deed.

Approach a very able counsel as already suggested, if you are unable to resolve on your own.


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