Family issue
d.chandramohan
(Querist) 30 December 2017
This query is : Resolved
We are three sisters,mother died intestate leaving house property, father is residing in that house,my elder sister has occupied the house,an she is not allowing me to stay in the house.(IAM the 3rd sister). when ever I visit the house she uses foul languages father is 72years old.house is my mother's self acquired property.
kavksatyanarayana
(Expert) 30 December 2017
You and your other sisters and father also have rights over that property. so discuss with other family members in amicable way and get the property partitioned.
d.chandramohan
(Querist) 31 December 2017
Since my father is alive,I don't want to get the property to be partitioned,can I get an order so that each sister can live with him for 4months ayear,and asking elder sister to go to husband's place for that specific period.
Vijay Raj Mahajan
(Expert) 31 December 2017
Legally you can seek your one share in the property of the deceased Hindu mother for which civil suit can be filled making rest of heirs of the deceased Hindu woman as defendants. In the main suit, temporary injunction order can be pleaded through interim application against all who stop your entry and stay in the house property. Otherwise by mutual understanding matter can be resolved out of court amongst all the heirs to avoid long drawn litigation, waste of time and money on it, although that will be hitting the earning of my fellow advocate brothers and sisters.
d.chandramohan
(Querist) 31 December 2017
Without filing partition suit can I file suit for injuction against those who resist me to stay in the house
Guest
(Expert) 31 December 2017
Vague and hypothetical problems do not not have any solution.
By the way, are you married or unmarried. If married, leave aside partitioning, why do you want to live in the same house and not in your matrimonial house?
Otherwise, tell your true problem, if really you have any.
d.chandramohan
(Querist) 31 December 2017
Married sir, but when I go for a vacation for 10days,my sister creates lot of problems,only for this reason I want to get a legal remedy
P. Venu
(Expert) 31 December 2017
What is the stand of your father?
Guest
(Expert) 31 December 2017
There are some points to be clarified by you:
1) When did your mother die?
2) What is the measurement of the house with how many floors?
3) What is the problem for asking for partition of the house, as you are entitled to your share after the death of your mother.
d.chandramohan
(Querist) 31 December 2017
Mother died in _2014,house is 2200sqft,only one floor,since my father is alive I hesitate.
Dr J C Vashista
(Expert) 03 January 2018
You have the only option to obtain relinquishment of the rights of another sister, if she do not want her share (who is not staying in the house) and file a suit for partition and possession with damages and mesne profits through a local prudent lawyer.
Guest
(Expert) 03 January 2018
If your sister does not allow to accommodate even for 10 days as of vacation that mean either your father does not have any say in the house or he also does not like your presence before the family for some unknown reason, which you have avoided to discuss.
Better discuss the real problem with detailed background of the problem, if you want solution to your query.
.
Guest
(Expert) 03 January 2018
The solution to your problem lies in exercise of one of the option, (1) there should be no hesitation in asking for your share out of the property of your deceased mother, or (2) leave the idea of going to that house forever, if you don't want your share legally.
