Does woman have 50% share in property without will?
After my sister's marriage, my parents purchased a house. Both of my parents have passed away without leaving a will. As per Indian law, does my sister have the right to a 50% share of the property? I am also married and currently live in the house, while my sister resides abroad after her marriage.
Under Hindu Succession Act, your sister has equal inheritance rights to your parents' property regardless of when it was purchased or whether she is married and living abroad - each sibling gets an equal share. The fact that you're living in the house doesn't affect her legal right to claim her 50% share, though courts often consider practical factors like current occupation and maintenance of property when deciding how to divide or settle such claims. However, if you've been exclusively maintaining and paying for the property's upkeep for many years, you could negotiate with your sister for a settlement considering these contributions.
Sir, under Indian law if your parents passed away intestate (without a will), the property would be distributed according to the Hindu Succession Act, 1956 so property of the deceased parents would be divided equally between you and your sister, as both of you are legal heirs. It is advised to consult an expert lawyer who will assist you to navigate the complexities of your matter. For further legal assistance contact us on our helpline number.
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