Can Sisters claim share in property of father died in 1999

1. IF Grand Father did not execute any WILL, THEN "ALL" the residual Legal Heirs would be entitled to EQUAL share in Grand Father's property, without any exceptions.  Any disputes on this has to be adjudicated only in the local Civil Court.

2. Grand Father's property, can be sold without any legal /court procedures, by executing a registered Sale Deed, with mutual & consenting signatures of Brother & Sister as "Consenting & Confirming Parties".

Keep Smiling .... Hemant Agarwal
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Hello,

You have to get legal heirship certificate to sale the property. Contact local advocate to get the legal heirship certificate. Long occupation of property will not give any benefit. 

Regards,

 

it is self acquired property so his wife and children's all will get equal share .if his mother is alive she has also equal share..son cannot sale it without consent of others living. Contact local advocate with documents and take he's valuable opinion.

The property left intestate by the late father is jointly vested with all the legal heirs including the mother (if alive) and all the children. Long occupation does not make the son the sole owner. He can sell only that much of the joint property that is vested with him. Sale of the entire property requires that the deed be executed by all the joint holders.

Greetings in furtherance to the above provided answers, you can refer to the following Article for better understanding - https://www.lawyersclubindia.com/articles/inheritance-under-hindu-law--4148.asp

 

The answer is considering that your family is Hindu. Hope this helps. 

The right of daughter is not effected by the death of father. Daughter has absolute and independent right. 

1. Get the property mutated in the name of all legal heirs including daughter. 

2. Yes daughter has independent right to have equal share in the properties and assets of late father. Her marriage does no effect her right. 

3.  Unless "NOC" of sister and her share shall not be givenb your so called sale shall nmot be completed. Merely because after marriage she is living seperately from last 24 yeras does not debar her from claiming her share in the assets of late father. 

Aprops the above opinion off Advocate Sidharth Shrivatav I may be permitted to point out that though the maariage of the daughter would not result in her ceasing to be the legal heir to her father, her right to succession is limited to the properties, left intestate. 

Furthermore, a mere NOC may not be sufficient; she needs to join in executing the sale deed or she should have already executed a relinquishment deed.

Please look into Prakash vs Phulwati Judgement of the Supreme court , 2005, which may have differing opinion to yours sir. Thanks

As I could understand, the said Judgment deals with succession in respect of ancestral property in view of the 2005 amendment of the Hindu Succession Act. In the instnat case, the facts suggest the property to be self acquired. Kindly correct me if am wrong.

As I see something to be added, the property what bought by father of X in his name though it was bought only by selling the old ancestral property , to which X had already been given whole share of excluding the daughter for that property. But, due to some reasons that property was sold and this current property was bought. Now, would you consider this current property being self acquired of X's Father, and would not hold any significance of last property will wholly in name of X ? Now this is additional info for you. Please consider

How was the ancestral sold - after the partition of the property metes and bounds or as the common ancestral property?

As it is anscetral property and father has died before 2005 died intestate doughtier has limited shar.she can demand it or can give consent to sale asking her shares money.

It was not partitioned, it was in name of Grandmother of X, so, X's Father and X's grandmother mutually sold that property and X was the only person who was given share in that old property will. The thing it, will is written in name of X for the old property, but after selling that, there was no action to done to change the property details of the new property. X still have hold of the last property will in which his sister is specifically denied right in.

The first posting had disclosed the facts as follows:

"Person 'X' living on property which was bought by his father who died in 1999. X is living on it since 20 years now wants to sell it. The property Document name is in his deceased father's name."

However, the above posting suggests a different state of affairs:

"It was not partitioned, it was in name of Grandmother of X, so, X's Father and X's grandmother mutually sold that property and X was the only person who was given share in that old property will. The thing it, will is written in name of X for the old property, but after selling that, there was no action to done to change the property details of the new property. X still have hold of the last property will in which his sister is specifically denied right in."

The posting has become a riddle than a query.