Aakash (Soft Eng.) 14 March 2019

Can I file the case

We are two brothers and we have three sisters. My father transferred our ancestors property in haryana to us(brothers only) in 2012 via registered will or something. In 2017 he took his last breath. Now the property is in our name. My question is if my sisters can challenge it? Also I am also not in this favour, my sisters should be given a chance to admit if they want to keep it or give it to their brother(s). Even if they don't challenge can I do that?

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5 Replies

Shashi Dhara 14 March 2019

Yes they can challenge because Ur father has died after 2005 and it is ancestral property. According to law. All of u get 1/6th share including Ur father u and Ur brother inherit Ur father's share1/6that is both of u get totally 1/2and Ur sisters get1/2.let Ur sisters go to court u defend it takes 20 yrs to take partition and possosion

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 14 March 2019

You can make partition deed. A partition deed for a property is executed to divide the property among different people - usually among the family members.

A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him.

It is done by dividing the property according to the shares to which each of the parties is entitled to in law as applicable to them.

Aakash (Soft Eng.) 15 March 2019

Thanks a lot. Still not sure if I can file the case without knowledge of my sisters. OR only they can challenge? If it takes 20 years then the parties should settle it out of court.

Shashi Dhara 15 March 2019

If u file suit u have to make them parties if u don't make them parties they can challenge in court . So come to compromise with them

Aakash (Soft Eng.) 22 March 2019

I am the one who thinks it was wrong to remove my sister's name from the property without their approval. Now three sister's have mixed feelings, they think it's not good to go against their late father's wish. However they also feel that they should be asked if they want to transfer the property to their brothers or not and once they sign it can be transferred. I am getting half of the share right now and I am support to get one by five and in case my sister's give in writing, I will get half but not before that.