Hi,
My sister got married in 2006. Her husband has 12 siblings(5 males + 6 females). He has got 3 acres (Total was 18 acres) of land when they divided in 2012. Its ancestral property. My husband's sisters they didn't get any property(As its a tradition in their village).
My sisters's husband's father died in 1996.
My sister's husband died in 2018. After he died all his 6 sisters are planning to go to the court asking their share only in my sister's husband's 3 acres of land.
Want to check if they have right to take property from 3 acres of land as they are already in my sister's name?
2 Answers
Hi,
If at all they (6 sisters) want to claim their ownership share in the property then they should ideally claim it on entire property (18 acres).
If they claim their share only in 3 acres ie owned by your sister then your sister can counter-claim the validity of their claim in the court of law.
I foresee some foul play by them (6 sisters).
Do you/your sister have any documents regarding the Property settlement that has happened among the 5 brothers in 2012?
As your Sister's husband's father has expired after 2005, as per the Supreme court's judgement, female siblings can also claim their share in the property, as it is an ancestral property.
Suggest you to kindly consult a civil lawyer at the earliest.
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Hi sir,
Thanks for your valuable information. My sister doesn’t have any document with her. As she informed me, while dividing all the sister have already signed to give their share of land to her brothers.
One more thing is my sister’s husband’s father died before 2005, not after 2005. Still all 6 sisters can go to the court seeking the share?
Hi,
Ok, if he has expired before 2005 then they can not claim their ownership share.
But, in India anything can be challenged in court of law.
In case, you have good relationship/rapport with other Male siblings (sister's husband's brothers), you may try to get a copy Settlement document.
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