ancestral property

Milind Phope (Querist) 18 February 2011 This query is : Resolved
My mother was working lady.She had purchased a plot and built a bunglow with her own money for our permanant residing...All this property was on her own name only.She has expired leaving me,my father and my married sister as her lagal heirs as per Govt.order.

My married sister stays seperately in her own house and doing a good living.

Me,my wife and my father are staying in above property now.Can my married sister "force" me and my father "to vacate and sell this house" for her share in the said property.

where would we reside.

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Basavaraj (Expert) 18 February 2011
Dear Milind, unless and until will has been executed in your favour or your father name. You sister has absoulte right for her share on the property as per Hindu Succession Act, section 6.

It does not matter that whether the property is ancestral or self aquifeed.

Female has equal share as son. In case your mother would have sold to someone before die then your sister cannot claim.

Now has a right ask for her share.

Milind Phope (Querist) 18 February 2011
Shri Basavraji,,I agree with your point..In fact I myself had filed an affidavit for share for all three of us and I would never deny her share...

My query was "Can she force me and my father to vacate and sell this house,just because to claim her share".???

We also have her room locked by and for her ,whenever she comes here to meet us.This is our only and permanant house.

Kirti Kar Tripathi (Expert) 18 February 2011
no, till all the legal heirs are joint owner, no legal heir has a right to oust other legal heir. All the legal heirs have equal rights on entire property till it partitioned.

Basavaraj (Expert) 19 February 2011
Dear Milind thanks.

No, she cannot force you and your father to vacate from the house which is now you are is possession.

She can file case for her share.