Under what circumstances can a sister claim all the property of her brother?
Property laws in India: Our country has a long history of property related disputes. Even today, we get to see, hear and read many news of disputes related to property. A major reason for property related disputes is that many people in our country are not aware of the laws related to property. Today we will know here whether a married sister can stake claim on her brother’s property. What are the circumstances in which a sister can lay claim to all the property of her brother? To get the answer to this question, it is very important to know about many important aspects.
If this happens, sister will get all the property and brother will be left empty handed.
Real estate advertising platform Housing quoted Prabhanshu Mishra, a Lucknow-based lawyer, as saying that there are various rules and regulations regarding the share of sisters and daughters in the property. According to the law, a parent can give the entire property acquired from his/her own earnings to his/her married daughter and in such a situation, their son i.e. the girl’s brother cannot do anything. However, in case of ancestral property, brother and sister have equal shares in their father’s property.
In this situation, sister can claim all the property of brother.
According to the Hindu Succession (Amendment) Act, 2005, a married sister can claim her brother’s property or share only under certain circumstances. According to the law, if a person dies without writing a will and there are no Class I claimants like wife, son or daughter to claim his property. So in such a situation, the sister of that person (Class II claimant) can stake claim on her brother’s property. In such a situation, the law of the country gives the sister the right to claim the brother’s property.
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