Property Rights: Know the Law: On what basis can a sister claim all her brother's property

Property Rights: Before and after marriage, brothers and sisters have equal rights over their family property. Many people believe that when a daughter gets married, her property rights change. 

But this is not the case at all. Apart from her rights over the parents' property, a sister can also claim rights over her brother's property. But this depends on a specific situation. Know the legal provisions. 

Changes in the Hindu Succession Act:

The Hindu Succession Act was amended in 2005. Now girls can not only claim their parents' property but can also claim their brother's property and make a claim in the court.

daughter's right on ancestral property

The law now gives daughters equal rights in parental property and ancestral property. In cases of self-acquired property rights, it is up to the parents to pass on the property to their children. Despite this, sometimes the parents' property is not divided equally between the two siblings, and the sister gets the entire property.

Daughter inherits entire property of parents

If parents transfer their property in the name of their daughter, then the daughter will have full property rights, the son will not get anything. Parents can do this only with their earned property. Both son and daughter get equal share in ancestral property; consent of the heirs is required to take it.

In this way the sister is also the property of the brother

Under the Hindu Succession (Amendment) Act, 2005, a sister can have full rights over her brother's property after his death. If the brother has no wife or children, the sister can stake a claim to the property. 

The division of property can also happen like this

If the sister has other siblings, they can also claim rights to this property. This is why the property can be divided equally among the other siblings (property division rules). A person's children and wife are first class claimants, while siblings are second class claimants.