Rights of an elder sister in father’s property?
An elder sister is blackmailing her mother and Brother to share the property. Father died in 2020. What can her mother do?
As per the Hindu Succession Act 1956, An elder sister, being a class I legal heir, is entitled to claim her share in the property if these belonged to her father unless she has been deprived of her entitlement under any effective instrument. If the property belongs to her mother, she cannot claim it until she is alive. Mother can contact any provincial advocate to stop blackmailing, harassment, or criminal activities.
Question:- I have given both my sons a 50% share in my will. The married life of one of my is not going smoothly and may lead to a breakup shortly.
Can I debar his wife in my choice for any claim in this 50% share if my son does not survive 30 days after my death? Is the answer different if they do not have any children as of now?
Answer: Yes, you can do the same by putting in a particular instruction clause in your will and giving your executor a directive to follow the strict terms to disentitle your son’s wife from holding any of your properties or part properties. Should professionally write Your choice because it is essential to properly draft the will by inserting practical clauses to avoid future hassles.
Question: My parents own an equal share in a self-acquired house bought with my father’s money. My mother passed away a few years ago without writing a will. My sister and I are the only children, and my father wants to bequeath the house equally to both of us. Please advise what my father needs to mention in his will regarding my mother’s 50% share? Can we sell this house based on this will after my father’s demise?
Answer: According to the Hindu Succession Act 1956, the 50% share of the mother will be equally distributed among you (16.66%), your sister (16.66%) and your father (16.67%). Your father can distribute the properties according to his wish. Your father can distribute his 50% share and part share (16.67%) that he inherits through a will.
After your father’s death, you and your sister can mutually and jointly sell the house after getting the house’s absolute right, title, and interest.