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Gobinath   13 September 2015

Sister claiming rights on property

Dear Sir / Mam,

Please clarify me the following.

My father was expired in 1997. My father has 5 daughters and 3 Sons, in 1994 itself he settled proprties to all their daughters and split their immovable properties to 3 of the sons. After that all 3 sons were started their own business and consturcted house and shops in the lands given by their father.

 

But there is no partition deed made by my father, till date everything going fine. But Now i need to transfer the property to my 2 sons, while trying to do that i came to knew that all my brothers and sisters need to sign for transfereing the property to my name. 

Now while trying to arrange for transfer one of my sister is demanding share in the property which is in my posession. We came to know that she is taking steps to claim their rights legally. 

I request you to kindly guide me what i need to do further.

At the time, my father given there is only vacant land in that area, for the past 20 years i spent all my earnings for construction of building. We request you to kindly guide us in this regard

 



Learning

 3 Replies

Kumar Doab (FIN)     13 September 2015

It is believed that you are Hindu.The succession opens upon date /month/year of death.

The daughters also have a  share in property of parents.

The proeprty is unpartitioned.

The local state laws may also be looked into.

 

It shall be appropriate to show all docs on record to an able lawyer specializing in family/property/revenue/civil matters and well versed with local laws.

 

If your able lawyer opines that sisters also have a share (equal in whole estate) then avoid washing dirty linen in public...................and  it shall be wise to settle the matter amicable and go for say a registered family settlement.

 

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     13 September 2015

Sir,

 

Please call and discuss as I need some clarifications before I reply to the above mentioned question.

 

Warm Regards

Kapil Chandna Advocate

9899011450

T. Kalaiselvan, Advocate (Advocate)     21 September 2015

Your  sisters are also entitled to a share in the undivided intestate property left behind by your father though the practical situation may be different.  Hence this problem can be solved only by mutual agreements among your siblings and all others who are entitled to a share in the property legally. 

If she is approaching court, it may take decades to get the cases disposed, so better think and decide wisely. 


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