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vibhav (manager)     05 September 2011

Property claim by sister

I have bought a property with co owner as my father. I have done all the investment and paying the EMI. Is it possible that my sister can claim the property share which belongs to my father? Or is it possible that my father gives my sister the share owned by him?



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 6 Replies

Sanjeev (Lawyer)     05 September 2011

Yes as the property is in your fathers name so unless he Will it out to you the property your sister will have a share in the property and she can cliam it.

DISHA D. SHAH (lawyer)     05 September 2011

mr. sanjeev is right

Saurabh..V (Law Consultant)     05 September 2011

@Author

 

Sister has no right on your property but she would lay claim on her father's property.

 

However you should understand that if your father invested from his self-acquired property then no one can claim unless there is no "partition". Also when there would be a partition, your father's property shall be divided into equal parts for all share holders like your mother, you, your sister and father. So, the calculation would be as below:

 

Suppose the value of the property is Rs.100, and S no. of share holders, then:

 

Your share = Rs.50 (your seperate share) + Rs. (50 / S) (share from father's property)

Your father's share = Rs. (50 / S) (after partition)

Your Sister's share = Rs. (50 / S) (after partition)

Your Mother's share = Rs. (50 / S) (after partition) .............. and so on!

 

All the best!

 

//peace

/Saurabh..V

s.meghala shree (advocate)     05 September 2011

Hello Mr Viabav,

The property is in your father's name. So your sister have the right to claim. You cannot evade giving a share. If it is a self acquired property then it is up to your father to decide.

gopinathan nair (General Manager)     06 September 2011

As the property is in the name of father your sister can claim for the same.

Gopinathan

gopinathan nair (General Manager)     06 September 2011

I would like to inform you that you have not cleared the matter whether proerty is in your name and your father is only nominee or the property is in the name of you and your father jointly. You have mentioned only the property with co onwer of your father. what is the meanting of co owner ? You know that whatever property in the name of father will attract the claim of his legal son and daughter.  Also not cleared the percentage of co owner of properity whether 50%x 50% or 75% to 25% etc. Whatever may be  the father's property will attract your sister also.  So she will claim for father's property share definitely.

 

Gopinathan.  


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