Apni Law Staff asked 3 months ago
A family in India faced a complex situation after their parents passed away. The family comprised five siblings: three sisters and two brothers. The eldest sister, happily married, was followed by two other sisters, then two brothers. The youngest brother married in 2010.
The eldest sister and the youngest brother were married, but the second sister was divorced within a year or two and returned home with her young daughter. The third sister and fourth brother remained unmarried. Their father had purchased land and built a home for the family in 1980. He passed away in 1999 without a will, and his wife followed in 2001, also without a will.
During this period, the second sister had married and divorced. Until the Supreme Court’s new guidelines in 2015, both unmarried and divorced daughters and both brothers resided in their father’s home. However, after the guidelines, the youngest brother’s behavior towards his sisters and his niece became problematic.
Best Answer
Apni Law Staff answered 3 months ago
Under Indian law, the property would be divided equally among the five siblings, including the divorced sister, as their parents died intestate. The Supreme Court guidelines regarding a daughter’s right to inherit property are applicable, but the brother’s problematic behavior might lead to legal issues regarding property sharing or family disputes.
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