Legal Question in Real Estate Law in India
Legal heir to property after owner's death
My sister was married before 3 years but her husband died.leaving behind one girl child..now his 3 married sister filed case for share of property alongwith mother...so what share will my sister and her girl child get as per present law?..The agri land as per papers is on her husbands name...shall she fight the case or compromise.....
2 Answers from Attorneys
Re: Legal heir to property after owner's death
In case of a male Hindu died intestate, his Class I heir will take all estates equally. Class I heirs are widow, sons, daughters, mother.
Sisters are not Class I heirs and are not entitled to any share.
However, things may be different, if the male Hindu was a Karta/Manager of Hindu Undivided Family and holding property as such.
Re: Legal heir to property after owner's death
If the parties are Hindus and governed by the Hindu Succession Act, the sisters have no share in their's brother's property. The only Class I heirs, who inherit equally, are : wife, daughter and mother.
All the three will inherit equally.
The sisters may have a share in their father's property.
If the property in deceased's hands was ancestral which belonged to his father; and not to him in his share after partition, then his sisters will have a share.
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