rajesh kumar 01 May 2017

Regarding the self acquired property of father

My father has a self-earned property in Panchkula and we are 2 brother and 2 sisters.one brother dies before my father death and my 2 sisters are married before my father death in 2012.

My Questions are:

1) whether my Brother's(died) wife have a right in My Father self-earned property ?

2) Whether my sisters have a right in My Father self-earned property?

Please clarify with a suitable law?

Thanks in Advance

CA Rajesh

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9 Replies

Advocate Bhartesh goyal (advocate) 01 May 2017

Yes, your deceased brother's wife and your (married or unmarried) sisters along with you have equal rights and shares in your deceased father's self acquired property.

Kumar Doab (FIN) 01 May 2017

It is believed that you are all Hindu.

The estate/property of deceased father is self acquired.

Confirm!

Kumar Doab (FIN) 01 May 2017

The ClassI Legal heirs of deceased Hindu male have 1st right i.e; Mother (if alive as on date of death), wife (if alive as on date of death), sons, daughters……………….

The share of predeceased son shall devolve upon his ClassI legal heirs.

rajesh kumar 01 May 2017

Property not ancestral.Then also a married daughter is eligible for share?

rajesh kumar 01 May 2017

Mother is alive and sisters have forced me to sell the house and give them their share any remedy available please suggest we have only one house.

Kumar Doab (FIN) 01 May 2017

Originally posted by : rajesh kumar
	Property not ancestral.Then also a married daughter is eligible for share?

Yes.

Kumar Doab (FIN) 01 May 2017

Originally posted by : rajesh kumar
	My father has a self-earned property in Panchkula and we are 2 brother and 2 sisters.one brother dies before my father death and my 2 sisters are married before my father death in 2012. My Questions are: 1) whether my Brother's(died) wife have a right in My Father self-earned property ? 2) Whether my sisters have a right in My Father self-earned property? Please clarify with a suitable law? Thanks in Advance CA Rajesh

In case of details as posted by you: Even if the property is ancestral: the married daughters can be eligible.

Kumar Doab (FIN) 01 May 2017

Apparently you have your reservations.

Visit at your location a senior and very able counsel of unquestionable repute and integrity specializing in Revenue/succession/civl matters and show all property docs on record and give your inputs in person for a considered opinion.

Kumar Doab (FIN) 01 May 2017

Originally posted by : rajesh kumar
	Mother is alive and sisters have forced me to sell the house and give them their share any remedy available please suggest we have only one house.

You can opt to buy their share.

Prefer outright sale by registered sale deed.

If possible/workable in your case explore option of Registered Family Agreement.