Partition suit by sister
SUBHASH CHANDRA JAISWAL
(Querist) 07 September 2014
This query is : Resolved
respected sir , I have three sisters ,one of them suit file in civil court to divide property of her mother and father , my mother was earn that property in 1948 by registry. and died in 1950, after her death my father is also died in 1962. I was alone male member of my father so all property including my mother property transfer to me .this time also I am sole owner of my mother and father property .my all sisters are married before suit file ,partition suit file date is 2002, what should I do ?what is the by law situation.
ABDUL RAZIQUE
(Expert) 08 September 2014
How the property transfer to you? without knowing the fact it is impossible to deliver advice.
M V Gupta
(Expert) 08 September 2014
As ur sister has filed suit for partition, I presume that ur parents died without executing will. Under the Hindu Succession Act, ur sisters also have equal rights along with u in the properties left by ur parents. Depending on the facts u may defend ur case by engaging an Advocate.
anand
(Expert) 08 September 2014
as the property was in your possession since 1962 and when they got married?, if they got married before 1962, then after 40 years they cant claim right in the said property, i think their claim will be time barred, will be proved by facts and circumstance of the fact and family hierarchy.
V R SHROFF
(Expert) 08 September 2014
sisters have right, unless prove they willingly relinquished
M V Gupta
(Expert) 09 September 2014
As the property devolves on all surviving members of the family they become co owners; as such no limitation for any of the co owners to demand for partition.
T. Kalaiselvan, Advocate
(Expert) 10 September 2014
This property being self acquired property of your mother who died intestate, will certainly devolve upon all her legal heirs which includes all your sisters. Therefore as per law all your sisters are entitled to an equal share in the property, you are no one to deny their share. There is no limitation for claiming partition. It is advisable to sit and talk to all of them to arrive at an amicable solution.
