Property rights for sister
Prem.M.Gowda
(Querist) 24 November 2015
This query is : Resolved
Dear all
My self and my father petitioned the property by registration deed on 2005 march.but i don't know this property are ancestral or joint property, but property was there in my father name on that time,(RTC, Mutation, Khatha was in my father name). once my father told me off of the property is ancestral and off of is purchased by my father.But i have three sisters, they dint get any share in property. In 2005 october one of my sister sent legal notice to share the property by 1/3 on whole property, me and my father refuse to share the property, finally she filled the partition suit in 2005 december. Now the suit is pending on issue stage. actually my question is we already partitioned property by me and my father, after that my father passed away on 2008, how she will get share know, it is possible? how please explain me in detail,i appreciate your invaluable advise. Thank u
Premgowda from Karnataka
Kumar Doab
(Expert) 24 November 2015
It is strange that you are facing litigation since 2005,and you do not know the status of the property e.g. self acquired/self earned/ancestral/HUF etc .......
Your lawyer must have advised you in detail.
If you do not know or reveal the court shall lift the veil.............Or your sister may produce the evidence.
Suit was filed at a time when father and sister were both alive.
She may have a point in case of ancestral property.
If father has left a WILL or has gifted/transferred/sold his self acquired properties before his demise then she may not succeed in case of such properties.
She may have a point in case the properties that are self earned by your father..................and get share.
If your lawyer has advised you in detail and properly and your sisters have a share then go for amicable family settlement (registered) and save the relationship and warmth for future.
Nadeem Qureshi
(Expert) 24 November 2015
Dear Querist
If there is any will of your father then the share of your father's property will be divided as per his Will other wise all the sisters will have the right on the property of your father(share of your father) with you too.
Equal Share for all the legal heirs.
Feel Free to Call
Rajendra K Goyal
(Expert) 24 November 2015
Repeated:
http://www.lawyersclubindia.com/experts/Property-rights-for-sister--571766.asp#.VlRY1HYrLIU
Prem.M.Gowda
(Querist) 26 November 2015
Dear Nadeem sir
you r saying all sister were they have equal share, but my sister put on case as per karnataka amended act 1990 because she was married on 1998 other two sister were married 1986 and 1991, my other two sister are defendant on this case how they also get equal share please explain in detail. Thank u
