Partition of property

Querist : Anonymous (Querist) 27 October 2011 This query is : Resolved
dear all,
one person/ brother spent a lot of money on construction of a house whereas plot was in the name of his father. now his sisters are claiming them to be co-owners in the property and claiming partition. Is any defence available to brother. kindly help.

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Raj Kumar Makkad (Expert) 27 October 2011
Sisters are fully entitled to claim their share in the property left by your father. You cannot refuse their right. It shall be better to amicably reach a settlement convincing them about your incurring heavy amount on construction and admitting their share in land. Settlement deed may be got registered by pacifying your sisters. Beware, if you do not prepare your sisters then they can legally raise their share in entire property including constructed house irrespective of fact who incurred cost of construction. behno ka samman kro or mna lo mere bhayee.

prabhakar singh (Expert) 27 October 2011
As the plot is left by father his all heirs[in case of a hindu sons daughters and mother and widow survived by him are the heirs and share simultaneously and equally].
Hence Sisters are heirs along with brothers.

But as the house is being told to have been constructed by the son alone from his own funds,the son in partition can claim and on proving the construction as his personal can get his share allocated on the portion on which his construction exists.