property right: Can elder sister demand her share in father’s property even though my mother is still alive? – The Economic Times

Clipped from:


​As per the Hindu Succession Act 1956, your elder sister being a class I legal heir is entitled to claim her share in the property.

Raj Lakhotia, Founder, Dilsewill answers readers queries related to estate planning.

My elder sister is blackmailing me and my mother to give her share in the property. My father died in 2020. What can my mother do? — Preeti Reddy

As per the Hindu Succession Act 1956, your elder sister being a class I legal heir is entitled to claim her share in the property if these belonged to your father, unless she has been deprived of her entitlement by virtue of any effective instrument. If the property belongs to your mother, she cannot claim it till your mother is alive. You can contact any provincial advocate to stop the blackmailing, harassment or any criminal activities.

I have given both my sons 50% share in my will. One of my son’s married life is not going smoothly and may lead to a breakup in the future. Can I debar his wife in my will for any claim in this 50% share if my son does not survive 30 days after my death? They do not have any children as of now. — M. Sinha

Yes, you can do the same by putting in a special instruction clause in your will and giving a directive to your executor for following the strict terms to disentitle the daughter-in-law from holding any of your properties or part properties. Your will should be written in a professional manner because it is important to draft the will properly by inserting effective clauses to evade future hassles.

Both my parents own an equal share in a self-acquired house bought with my father’s money. My mother was a housewife and passed away a few years ago without writing a will. My sister and I are the only children. My father wants to bequeath the house equally to both of us. Please advise what my father needs to mention in his will regarding my mother’s 50% share? Can we sell this house on the basis of this will after my father’s demise? — Divya Malhotra

According to the Hindu Succession Act 1956, the 50% share of the mother will be equally distributed among you (16.66%), your sister (16.66%) and father (16.67%). Your father can bequeath the properties wherever he has ownership as per his wish. Through a will, your father can bequeath his 50% share and part share (16.67%) that he inherits. After your father’s death, you and your sister can mutually and jointly sell the house after getting the absolute right, title and interest of the house if the shares of the house are given to both of you by the virtue your father’s will.

Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.

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