(Querist) 10 April 2010
This query is : Resolved
I am living in my ancestral house with my parents. After the death of my grandfather in 1966 , the name of my father and father's sister included on property(HOuse). Sister of my father died in 1984 and her sons and daughter name were mentioned on 7/12 extract. There are 7 members (sons and daughter of my aunt.In the year 2005 I have made saledeed from 4 out of 7 members. Now bal.3 members are threatening me to sell the property to 3rd party if I am giving them money equal to market rate of their share. So my query is that how house can be divided in which I am living and Can these 3 members sell their proportion to 3 rd party without partition.
(Expert) 10 April 2010
prior passing of the Succession Act, any female have right to live in her parental house if she is not married and if she had deserted by her husband, in overall she has no right equally with her brother in the ancestral prperty, thereofre the partition is wronly mutated if she is married and the property is ancestral one.
(Expert) 15 April 2010
so it equire to go to court for cancellation of entry of sister.