क्या भाई की संपत्ति में होगा बहन का हिस्सा! यहां जाने हक की बात- Sister Rights In Brothers Property

Sister Rights In Brothers Property – If you or your family is also confused about any such matter, then today we will tell you when and how a sister gets rights in brother’s property, and in which cases she does not get it. Also, we will know what steps can the sister take if she is not getting her share.

What does the Hindu Succession Act, 1956 and the amendment of 2005 say?

In India, if a person is a Hindu and dies without a will, then his property is divided according to the Hindu Succession Act, 1956. In 2005, a major change was made in this law, due to which daughters also got equal rights as sons.

1. Class I includes wife, son, daughter and mother.
2. Class II includes sister, brother, grandmother, uncle, nephew etc.

But the special thing is that if it is ancestral property, then both daughter and sister get equal rights in it, whether they are married or not.

When does a sister get rights in brother's property?

1. If the brother is unmarried and has not left a will, then the brother's property is divided equally among his parents, brothers and sisters.
2. If the brother is married but has no children, then along with the wife, the brothers and sisters can also get a share.
3. If the brother has not made a will, then the property will be divided as per the law and the sister will also get a share.
4. If the property is ancestral, then both daughter and son will get equal rights - whether the brother is alive or not.

Supreme Court's historic decision of 2020

In 2020, the Supreme Court clearly stated that daughters will get equal rights as sons on ancestral property, whether the father died before 2005 or after. This decision further strengthened the rights of daughters and sisters.

Which documents will a sister need?

1. If a sister wants to claim her brother's property, she will have to collect some important documents:
2. Brother's death certificate
3. Family details (Family Tree)
4. Land or property documents
5. If there is a will, then its copy
6. Identity card (Aadhaar, PAN)
7. Lawyer's help to file a case in court

Under what circumstances does a sister not get a share?

1. If the brother has written only the name of his wife and children in the will and the property is his self-acquired.
2. If the property has been gifted to someone.
3. If the property has been transferred to the wife's name.
4. It is worth noting here that the will is applicable on self-acquired property, but the law has authority over ancestral property.
5. What are the rights of a married sister?

This is the biggest misconception that after marriage, a sister does not have any right to her brother's or father's property. But the law says that married or unmarried - every sister has equal rights to her father's ancestral property. Even in the brother's property, if she falls in the category of heir, then she is entitled.

What will be the sister's share in the property?

• If the brother has died without a will and the sister is a Class-II heir, then:
• The property will be divided equally among all the heirs.
• If a sister has died but she has children, then that share will go to her children.

Can the sister file a case in the court?

Of course she can. If the sister is not being given her share, then she can file a case in the civil court. Provided she has all the documents and she is the legal heir.

Time has changed and now the law has also become strong enough to give women their rights. Sisters are not just a part of the family now, but are also equal partners legally. Whether it is a matter of father's ancestral property or brother's property, if a sister is unfairly deprived of her rights, she can get her rights with the help of law.

It is necessary that every woman is aware of her rights and takes legal advice on time. Not only the son has equal rights over the property, the sister also has equal rights - and the law now says this.