What Are The Rights Of Siblings In Property?

The rights of siblings in property depend largely on whether the property is ancestral or self-acquired by one of the parents or family members. In India, the distribution of property is governed by personal laws such as the Hindu Succession Act (for Hindus), Muslim personal laws, and others, which specify how property is inherited by the legal heirs, including siblings.

Rights of Siblings in Property

In Ancestral Property:

An ancestral property refers to property that has been passed down through generations within the family. Under the Hindu Succession Act, 1956, siblings have certain rights in ancestral property:

Equal Share:

Both sons and daughters of a deceased father have an equal right in ancestral property. This means that all children, including sons and daughters, are entitled to an equal share of the ancestral property, irrespective of their gender.

Partitioning of Ancestral Property:

The property can be divided equally among the legal heirs, and each sibling has the right to demand a partition of the ancestral property. Once the property is divided, it becomes the self-acquired property of the siblings, and they can do as they please with their share.

Right to Ancestral Property:

A sibling has the right to claim a portion of the ancestral property upon the death of their father or the original holder of the property. However, the inheritance can be influenced by a will or family agreement.

Example:

If a father passes away leaving an ancestral property, his children (sons and daughters) are entitled to an equal share of the property, which can be partitioned as per the mutual agreement or through legal proceedings.

In Self-Acquired Property:

Self-acquired property refers to property acquired by an individual through their own efforts, earnings, or through gifts or inheritance. The rights of siblings in self-acquired property are different:

No Automatic Right:

Siblings do not have an automatic right to self-acquired property of a parent or any family member. This property can be bequeathed to anyone according to the owner's wishes.

Right in Case of Intestate Succession:

If the property holder dies intestate (without a will), the legal heirs (which could include the siblings, depending on the family structure) can claim their share. The property will be divided according to succession laws, with the spouse and children being the primary heirs.

Right in Case of Will:

If the deceased had written a will, the property is distributed according to the terms of the will, and siblings may or may not receive a share, depending on the deceased's instructions.

Example:

If a mother passes away with self-acquired property, the siblings do not automatically have a right to her property unless she has made them beneficiaries in her will or died intestate, in which case they may claim a share as per the legal inheritance laws.

Rights under the Hindu Succession Act:

The Hindu Succession Act, 1956, is the primary law governing inheritance of property among Hindus. According to the Act:

Daughters and Sons have Equal Rights:

Under the amended law of 2005, daughters now have equal rights as sons in ancestral property.

Siblings’ Share:

If a person dies intestate, their legal heirs, including siblings, can inherit their property. The share of siblings depends on whether the property is ancestral or self-acquired and whether the deceased has left a will.

Partition of Family Property:

In cases where ancestral property is involved, siblings may request a partition of the property. If all the siblings agree, the property can be divided, and each sibling will receive an equal share.

In some situations, family disputes over property rights may arise, requiring legal intervention through court proceedings to ensure a fair division according to the law.

If a sibling wants their share, they have the right to claim it through a partition suit in the civil court. The court may order the division of the property, which can then be divided according to the legal entitlements.

Rights of Siblings in a Will:

If a person has left a will, the rights of the siblings to the property are determined by the provisions of that will. The deceased can choose to leave their property to any individual, including or excluding siblings, or distribute it in any manner. If the siblings are mentioned in the will, they are entitled to the portion of property as per the will's provisions.

If a sibling is not mentioned in the will, they may not have any rights over the property unless they challenge the will on grounds of undue influence, lack of testamentary capacity, or other legal reasons.

Example

Scenario 1:

Mr. Deshmukh dies leaving behind ancestral property. He has three children, two sons, and one daughter. All three children have equal rights over the ancestral property, and they can either partition the property among themselves or decide to keep it undivided.

Scenario 2:

Ms. Neha's father passes away, leaving behind self-acquired property. Since he did not leave a will, Neha and her siblings are entitled to inherit the property under intestate succession laws. However, if the father had made a will stating that the property should go to Neha’s brother, then Neha would have no right to it unless she challenges the will.

Conclusion

The rights of siblings in property depend largely on whether the property is ancestral or self-acquired:

• Ancestral property is inherited equally by all siblings under the Hindu Succession Act.
• Self-acquired property is subject to the will or intestate succession laws, and siblings have no automatic right unless the deceased has made specific provisions.

In any case, siblings can claim their rightful share through family agreements, partition suits, or legal heir certificates if there is no dispute over the property. It’s essential for siblings to understand the nature of the property, the presence of a will, and the applicable inheritance laws to claim their rights.