Supreme Court Declared Brother has Not Right on the Property Inherited by His Married Sister
May 24, 2017 Legal Guidance
If a property has been inherited by a married woman through her husband or in laws, then her brother has no right in claiming it as her brother is not the heir of her family. This has come as a provision from the Hindu Succession Act.
This important decision was expressed by the apex court dismissing the appeal filed by the man in 2015. The court held him as an unauthorised occupant of the property in Dehradun, where he lived since his sister died. The court looked into the matter and found out that the property was rented by the deceased woman’s father in law in 1940, later her husband became the tenant and later herself.
The court rejected the petitioner’s claim that he was carrying the business with his sister in the property and had been ordinarily living with her. The bench noted that in her written statement, her brother was taking care of her. It was also pointed out that the brother has no reason to live with his married sister. The court hence ordered the court asked the petitioner to vacant the property and hand it over to the landlord.
The landlord had earlier filed the eviction petition under the UP Urban Buildings (Regulation of letting, rent and eviction) Act, 1972 for the release of the property from the woman. The landlord then moved to the lower court for the release of the property. After the woman dies, her brother was not the part of her ‘family’.
This important decision was expressed by the apex court dismissing the appeal filed by the man in 2015. The court held him as an unauthorised occupant of the property in Dehradun, where he lived since his sister died. The court looked into the matter and found out that the property was rented by the deceased woman’s father in law in 1940, later her husband became the tenant and later herself.
The court rejected the petitioner’s claim that he was carrying the business with his sister in the property and had been ordinarily living with her. The bench noted that in her written statement, her brother was taking care of her. It was also pointed out that the brother has no reason to live with his married sister. The court hence ordered the court asked the petitioner to vacant the property and hand it over to the landlord.
The landlord had earlier filed the eviction petition under the UP Urban Buildings (Regulation of letting, rent and eviction) Act, 1972 for the release of the property from the woman. The landlord then moved to the lower court for the release of the property. After the woman dies, her brother was not the part of her ‘family’.
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