Navi Mumbai | 25 May, 2018 (1 year, 3 months ago)

General Advice

My father died in 2017 before making any Will. He owned a house in navi mumbai.

My father died in 2017 before making any Will. He owned a house in navi mumbai.This was his self earned property. I have two sister's who are married. Will they can ask for property share. I am only son ,married and have kid.
Answers
13 Jun, 2018 | 13:37

As you have said the property was owned by your father prior to his death. I am making an assumption that your father was a Hindu (if this is not so, the answer may be different). Any one who passes away without making a will, is said to have died intestate. As per Section 8 of the Hindu Succession Act, 1956 in case of an intestate sons, daughters and the widow (i.e, your mother if she is still alive) will have an equal share.

Therefore, to answer your question – Yes, your sisters can individually ask for an equal share in the property. In this case you and your sisters each would be entitled to an equal 1/3 share in the property.

Disclaimer: Please note that this is answer has been provided on the limited facts provided and should neither be treated as formal legal advice nor does it create an attorney-client relationship. Please engage an advocate, personally, for proper legal advice.


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