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Nagesh   16 April 2017

Unmarried woman property rights

Hi,

  I am 56 yr old from belgaum city. I have 3 sisters in which 2 are married and settled one is unmarried 61 yr old(duf and dumb by birth) and one brother 65 yrs (late)..Both my parents are passed away..we have a own house in village where my sister (unmarried) is living and we are looking after her needs from long time.

   My brother (recently passed away)  and his wife and children were staying in same village just opposite to our own house but never bothered to care about my parents and sister for more than 25 yrs.. now when my brother is passed away his wife and children claiming on our property and not willing to share property with my sister and says she is too old and there is no use of property to her...people are also supporting them as they say she is widow and helpless now...wherein she has 2 sons earning good..

Is there any law I can make them stay away... and let them pay for their sins.. without allowing them to enter our house... and keep my sister secured and safe...pls advise..property is still in my father's name who is passed away..



Learning

 11 Replies

Kumar Doab (FIN)     16 April 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     16 April 2017

The property whose title is in the name of father is self acquired acquired in the hands of father?

The unmarried sister may succeed to claim maintainance from estate left by her father.

Nagesh   16 April 2017

Thank u sir...We are hindu lingayat..and property is ancestral house...please advise.. my brother's family never looked my parents in their lifetime..they cursed them throughout their life... Now they claiming house... which they are not deserved... how to keep them out...its better I donate house to any ashram rather giving to them..

saravanan s (legal advisor)     16 April 2017

How does the ancestral property devolve on your father.

Nagesh   17 April 2017

Yes .. we are Hindu lingayat.. pls advise!!

Nagesh   17 April 2017

Sorry.. its not ancestral.. a piece of land of my father and small portion of his brothers  which my father bought.. and later I constructed house and maintained till know.. my brother never paid single rupee in it and his family stayed away after his marraige (for 25 yrs)...recently my parents passed away...and they are claiming house!!

Please advise!!

Kumar Doab (FIN)     17 April 2017

Go thru provisions of:

Hindu Succession Act

The Hindu Adoptions and Maintenance Act, 1956

22. Maintenance of dependants

 

 

Kumar Doab (FIN)     17 April 2017

CLassI Legal heirs of deceased Hindu male owner i.e.: Mother (if alive as on date of death), wife (if alive as on date of death), sons,daughters...............................have equal share.

 

Kumar Doab (FIN)     17 April 2017

1st right on self acquired property of deceased Hindu female owner is of ; her husband (if alive as on date of death), sons and daughters…………………….

Property of deceased Hindu female owner that she acquired from her husband devolves upon her ; sons and daughters…………………….and heirs of her husband in the absence of sons and daughters

Kumar Doab (FIN)     17 April 2017

Your initial query has taken twist now that is your investment on building and maintaining property and maintaining unmarried sister.

1st try to settle amicably with successors that have got share in property. 

Kumar Doab (FIN)     17 April 2017

The share of deceased son (your brother) shall devolve upon his ClassI legal heirs.


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