• Property dispute between me and my brother and sisters

My father has 2 son and 4 daughter, my father has died at the year of 1995,i am the eldest son and my brother left the house before that for job purpose and my all 4 sisters got married and living separately,

I have taken care of my parents as a eldest son in the family, i am living in my father house with my family only,my siblings having there own property, but after 25 years my brother and sisters demanding partition of the house.

My questions are .

1. As i have take care of my parents in his illness and stay with him and living in the house more then 25 years, can i solely claim on the property?

2. If not then how much they have right and how it will be partitioned?

3. My siblings also demanding house rent from me, as i have living in my father house only am i oblige to pay rent to them?
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1) you have only one sixth share in property

2) no need to pay any house rent to your siblings

3) deed of family settlement should be entered into with your siblings

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

Hi, as per law your siblings have equal right over the properties which is left by your father but they can't claim house rent from you.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

1)the newspaper article clearly mentions that daughter would not have any share in ancestral property if father died before 2005

2) if it is self acquired property of your father daughters have equal share in the property

3) merely because you met the marriage expenses of your sisterdoes not mean that sister would not have share in her father self acquired property

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

1. The property that belonged to your father, upon his intestate death,shall devolve equally on all his legal heirs. Therefore your siblings have rights to share in the property.

They have equal rights and the property shall be divided into six equal shares

As far as demand for share in the rent is concerned, you may reject their demand stating that you have been maintaining the house property till this date hence it is compensated.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

You have wrongly heard about the law.

What you heard is about ancestral property and not of your father's intestate property.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1. If your father has died intestate then his property has devolved through succession equally on his widow and all children.

2. That you alone took care of your father in the evening of his life is no ground to deny succession to your siblings. Their share is at par with you, so they are free to file a suit for partition to cull out their respective shares.

3. The 2005 amendment relates to only ancestral property, not self acquired or separate property of a Hindu male.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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