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Aarti (house wife)     27 May 2011

Can I claim rights to my fathers property

Hi!

I am a house wife married in mumbai from the last 36 years. I was born in coimabtore with a couple of siblings. We are a total of 4 brothers and 3 sisters along with my mother. I doubt if my father has left behind any will of succession. My mother has gotten old and now my brothers intend to sell the property and divide the proceeds amongst themselves without giving anything to my mother. I fear that as my mother is old they have brainwashed her and are ultimately going to put her up in the old age home. I would like to find out how do we sisters put a hinderance to this sale of property.

Also we sisters would like to find out though all of us are married can we put a claim to our fathers property inspite of being married??

Thxs



Learning

 2 Replies

pervez (adviser)     27 May 2011

Hindu Succession (Amendment) Act, 2005,  givies daughters and sons equal rights to property. According to this law, any woman, irrespective of the marital status, has full right to inherit ancestral property just like a son of the family. This law has completely abolished the Hindu Succession Act 1956 by giving equal rights to daughters in the 'Hindu Mitakshara Coparcenary property', as sons have. If however, any of the parents have built some property and have made a will of their own, this law would be ineffective.

regards

prabhakar singh (advocate)     27 May 2011

Mr. Pervez has put a right position of law. on the death of your father the property(if abadi n house etc.)has legally

devolved upon you all7heirs 1 your mother 4brothers and three sisters.

However if property is agricultural land consult a lawyer of state where agricultural land situate since all staes

have their own independent legislation with regard to succession of agricultural lands, and no uniformity is

found among different states' laws.


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