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mayur (engineer)     30 January 2015

Daughters right on fathers property

dear all,

my grandfather and grandmother are expired.they have 3 child.

1son (my father), 1 son (uncle). 1 daughter (aunt).

my aunt is married and she has 1 daughter. she left her husband around 30years ago and living with us in a same flat with her daughter. my uncle is unmarried.

she is big trouble for us. creating problems all the time. she doesnt bare any expendature at home.

now i got married for a year. we do not want to live with the continuos problem of my aunt and her daughter. we asked her to take her share of property (1/3rd).

but she is refusing to go with her share. she wanted to live here only.

we found it will be big problem in future as we have to look her and may be her daughter also. so we want to settle this matter.

my father did the valueation of the home, and asked her to take the money and go. but she refuse to go.

is there any legal way that 'she has to go with her property share'? or she can live with us as long as she want?

can we ask her leagal force to go with her share? (we are ready to pay her share)

please advice.

thank you


 10 Replies

T. Kalaiselvan, Advocate (Advocate)     02 February 2015

If she is not agreeing for an amicable settlement, a partition suit may be filed by your father seeking his share and separate possession which will solve this issue.

1 Like

mayur (engineer)     05 February 2015

Thank you for your reply. Seperate possession means shall we go for other seperate home? But she is not capable of giving us our share.

mayur (engineer)     05 February 2015

Respected sir. Partition suit file means are we asking for our share in property from my aunt? If she is not giving or she is not able to give our share amount. And not accepting her property share also. But we donot want to leave together also. In that case what shall we do? Please guide

T. Kalaiselvan, Advocate (Advocate)     09 February 2015

You file a partition suit in the jurisdictional court with the help of your advocate, the court will decide all your issues accordingly.

1 Like

Adv k . mahesh (advocate)     10 February 2015

her share means you are planning to give through cash or with any property to her 

because valuation of the property and giving her a share comes in the same way and partition suit means court will decide both how much share of that property will get after seening all the documents you submit 

and if your wants only share in property the court will divide the property in to two shares and you have to give her share 

1 Like

mayur (engineer)     14 February 2015

yes, i am actually planning to give her share through cash. but as i said she is not agreeing to take her share and go.

as a daughter she has right on fathers property but can she come and stay at home? or she has a right only in share of property? means she can only ask her share in property or she will get the share when property is sold out but not come and actually stay in  the property.

can we ask her in court to take her share and go. or she can refuse and stay there only?

T. Kalaiselvan, Advocate (Advocate)     15 February 2015

You have been advised to file a partition suit through a court, you are still insisting in the same question if a different form.  She has a right in the property hence she can very well interfere in your possession and enjoyment of the property. You can think of keeping her  away from the properties in a different manner.

1 Like

mayur (engineer)     18 February 2015

thank you Mr.Kalaiselvan & Mr. Mahesh for expert advice.

i would like to know more about partition suit.

our flat is terrace flat. my aunt is living with us but cooking and all other activities done by her seperately.we have built 1 room connected to earlier room. and those two rooms and 1 small room as kitchen are using by her and her daughter. we have made seperate entrace from terrace to that rooms of her .all expenses to the built room was done by us few years back. as she is not doing anything by herself so we have to do all because we want peace.

my uncle is not married and mentally not very healthy. he is living with us in a hall. Lunch dinner and some times clothes are also taken care by us. my aunt hates him, fights with him, using abusing all the time to him. but he is emotionally attached to her. its very problamatic that even though we are looking for him he is attached to aunt. so taking any action against her is problem bacause he may not react against her.

as my uncle is living in hall so other two rooms are used by us (My father, my mother and meand my wife). i am married now and using 1 bedroom is not possible. so we did 3 rooms out of 2 room, by diving and putting walls in between. now 1 kichen and 1 bedroom turns into 2bedroom and 1 kitchen.and made 1 more taoilet in terrace to attached bedroom. we spend on that around 7 lakhs on renovation.

my aunts husband is expired 2-3yrs back, she took her property share from the husband family by going there all the time for money. she did not look for her husband many years and after death she went there only for his property share. and then also all the times says i donot have money.she is very loud mouthed and using vulgar language.and doing drama all the times very laodly. not a single relatives from her talk to her because of her bad character.  we are the only who pays for property tax also and whatever works come for building repair. uncle cannot pay only but aunt also do not pay anything.

we do not want to sale the propery actually but the final soluation is this then we can think of it. i have only fear that after partition suit filed it shall not be in favour of my aunt as law is always favour of women,and situation will be worst than ever. she can say that i have only daughter with me and not great earnings. on other hand i am engineer my wife is CA, and father is retired from bank and mother will get   retaired from bank after 3 yrs. aunts daughter is 34yrs old and unmarried. aunt said that she want her daughter husband should live with them (ghar jamai)who will take care of her in future. so more problem in future for us.

 what will be the condition after partition suit filed with current situation. your expert advice is very helpful before proceeding for any action.

thank you in advance.

Adv k . mahesh (advocate)     18 February 2015

its better to meet a property expert lawyer at your local place and he will advice you the full details once you have face to face interaction with him and explain about your views and also ask about partition suit 

Power to court to order sale instead of division in partition suits.—Whenever in any suit for partition in which, if instituted prior to the commencement of this Act, a decree for partition might have been made, it appears to the court that, by reason of the nature of the property to which the suit relates, or of the number of the shareholders therein, or of any other special circumstance, a division of the property cannot reasonably or conveniently be made, and that a sale of the property and distribution of the proceeds would be more beneficial for all the shareholders, the court may, if it thinks fit, on the request of any of such shareholders interested individually or collectively to the extent of one moiety or upwards, direct a sale of the property and a distribution of the proceeds.

normally court will see the all the properties to be shared between the parties and will divide the same accordingly and if any one party want to buy the share of the other party and both parties agree for the same then with a petition you can buy the share of the other party with court permission 

mayur (engineer)     20 February 2015

Thank you both of you for your advise and time.

in near future if i proceed for any action then i will post the progress and action about this topic.

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