Property dispute
Posted 3 years ago
My sister separated from her husband in 1998 & is issue less, As this was out of court settlement, there is no document for divorce.
She passed away in 2008, We are 3 children , First one is my brother, second one is the sister who is no more & last it is me questioning u. My father in his deed of partition gave each one of us a flat, with conditions only to daughters as ---- Daughters to get the flat in their possession only after both the parents demise. But the son did not have any such condition.
Why is it this way? I pacified my self as done is done, & the mistake is on our part as we did not read the deed of partition while signing, as we trusted our parents. Now as my sister is dead , my brother is wanting this flat of hers to be given to him. What does the law say in such cases. Please advice us on this issue.
Please give me Rank 5 if you feel my answer helped you.
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Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
Adv. Sarika Khude
Responded 3 years ago
Rameshwar Dadhe
Responded 3 years ago
Since daughters have their husband's house, your parents must have kept a condition only for you daughters, unlike your brother.
You have not mentioned about your parent's living status.
If your both or any one parents is alive, the brother cannot get your sister's flat in his name. However, sorry to say so, but If both parents are no more living, you can claim atleast half the share of your sister's flat.
Please make sure there is no Will made by your parents.
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