Petition suite

Querist : Anonymous (Querist) 03 September 2022 This query is : Resolved
My father had bought a house and sale deed was executed on my sisters's name. That time her age was 15 years.

He put that property on my sister's name due to sentiment. When he was alive , he used to stay that me and my sister should share equally even though that property is on my sister's name.

Recently my father passed away. He did not leave any WILL. Legal heirs are my mother , sister and myself.

Now my sister is saying that house is her individual property and does not want give my share in that property.

Could you please suggest me how can I get my share in that house legally ? Can i file for partition suite ?

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Quick Summary

You're seeking advice on claiming a share of a house registered in your sister's name, which was purchased by your father. Although your father intended for you and your sister to share equally, the property was legally transferred to her when she was a minor. Current legal advice suggests that as she is now an adult and the property was registered in her name, she is the absolute owner, and a partition suit may not be successful.

kavksatyanarayana (Expert) 03 September 2022
No. Now your sister is a major and the property was purchased in her name when she was 15 years. So she is the absolute owner of the property and either you or your mother have no right to ask. No question of partition suit.

Dr J C Vashista (Expert) 04 September 2022
She (your sister) is absolute owner of the property purchased and registered in her name.
None else has any right, claim or interest in the property owned by your sister.

Querist : Anonymous (Querist) 04 September 2022
Is there any way to challenge it ?. She was a minor and unemployee. Will not be a considered as binami property ??

Dr J C Vashista (Expert) 04 September 2022
No. ..................

P. Venu (Expert) 09 September 2022
Is the sister elder to you? If so, were you born at the time the property was purchased?

Querist : Anonymous (Querist) 09 September 2022
@P Venu - Yes Sir . She is elder to me. When. Property was purchased , She was 13 years and I was 10 years old .

Dr J C Vashista (Expert) 10 September 2022
Does it (birth of author's sister) matter and affect the legal position regarding her title over the property purchased by her father in her name ?
No.

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