Legal Question in Civil Litigation in India

Respected Sir,

My name is C.Jyothi. I am a Hindu. I am a resident of Andhra Pradesh, India. My father has four children(2 sons, 2 daughters). My father had a house which he had bought himself when he was alive. The house is a self-acquired property of my father and it is not inherited form ancestors. My father died intestate in 1979. Sir I am the eldest daughter. Both me and my sister got married on 1980 and 1983 respectively. Both me and my sister are asking our brothers to give us our rightful share in the house. But they are saying that only males get inherited of the major share of their father's property but not females. Sir they are saying that both of them will get 1/3rd share each in our father's house and me and my sister being females does not get equal share as males and we will get only 1/12th share each of the total property. Sir I sincerely request you to kindly inform me how much share does I inherit in my father's house(either it is 1/12th share or 1/4th share), for which act of kindness I shall be ever grateful to you sir.


Asked on 2/24/10, 11:19 pm

1 Answer from Attorneys
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Madam,

As of Indian Succession amendment act 2005 in general gives women equal shares as men

and this is given a retrospective effect ( From back date), whether married, or unmarried shall be immaterial here, Ok ?,

And in your case shares count will be 1/5th , that including your 1) mother share, 2) bros one share 3 ) bros two share, 4) Sister one share, 5) Sister two share.

Thank You,

Kind Regards. Sanjay K. Dixit, Advocate,

Davangere - 577 002.

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Answered on 2/24/10, 11:44 pm


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