Legal Question in Wills and Trusts in India

I am the only son of my late parents who passed away intestate in 2004 leaving behind their only property which is the dwelling house in which i am presently residing with my wife and daughter. I have been with my parents since the house was built till their demise and am continuing there till date. My only sibling is an elder sister who was married off before the house was built. She is currently happily married and lives with her husband and son all of them earn well and have several properties and live together. the dwelling house is the only property i possess which is bought by my late father in my late mother's name as she didn't earn nor possess any other property. Presently the house is still in late mothers name. Sister filed a case for 50 percent share or partition. My question is : Is she entitled for a share or partition? Kindly suggest.


Asked on 11/11/17, 8:38 pm

1 Answer from Attorneys

As per Hindu succession Act and Indian succession Act your sister being class-1 legal heir is entitled to have equal share in your father's or Mother's property.

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Answered on 11/11/17, 9:53 pm


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