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married daughter's right to ask distribution of property of mother died without will

Querist : Anonymous (Querist) 18 October 2010 This query is : Resolved 
My mother expired without making will.We are three heirs ie: myself(only son ,married and staying on said house property),My Father(again staying on same house),and My sister(Married and Staying with her husband and family) all three are registerd on 7/12 extract as legal heirs by Tahasildar.I have two questions 1)Can my father sell our house without my concent 2)Can my married sister force my father force to sell our house to get her 1/3rd share ?
aman kumar (Expert) 18 October 2010
pls clear that what is the nature of property from where your mother get it ?
no one can sell whole property without consent of all parties
your married sister cant be force to sell property without consent of all parties but she can take order from civil court for partition or her share
Devajyoti Barman (Expert) 18 October 2010
No, I disagree.
The sale by one co sharer without the consent of other co sharer is always valid and enforceable but with respect to his share only.
In your case, the father can indeed sell or transfer to your sister without your consent regarding his undivided share. Thereafter she could file suit for partition so that her 2/3rd share could be demarcated. After the recent amendment of the Transfer of Property Act, the family dwelling house can also be partitioned by the married daughter.
Uma parameswaran (Expert) 18 October 2010
I am also supporting the view of Expert.Barman.
Querist : Anonymous (Querist) 19 October 2010
thanks for replies but please understand that above mentioned house property was my mother's own hard earned property and was on her name when she expired.Mother was double graduate and a working lady.


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