• Partition of house after demise of father

My father had 4 daughters and 2 sons including me. All daughters are married and staying with their respective families. My father constructed one house in which my father, mother, I myself with my wife and our 2 children were staying. Another house was constructed on the name of my brother, with the assistance of my father, wherein my brother and his family are staying for over 25 years. The objective of my father behind creating two separate houses for 2 sons was that both should live peacefully independently without any dispute. My father died 2 years ago without leaving a will. After his death, in the house, my mother, I myself with my wife and our 2 children are staying. Now, after the death of my father, all the 4 married sisters and the brother, who has been living in the separate house, have raided the house and forcibly occupied various portion in the house claiming their right. They create variety of ruckus and problems to trouble my family where as their own families are peacefully living in their respective houses. Their sole motive is to sell the house and distribute the proceeds and that is why they are creating problems/nuisance so that we give in to their proposal to sell the house. I understand that my sisters and brother have share in the property. Under these circumstances, my questions are:-

1. Can my married sisters claim partition of the house?
2. If yes, can they sell their share of property?
3. If yes, how can it be done? Practically, on partition, somebody will get a drawing room, somebody will get a bedroom, kitchen... and so on.
4. On partition, can they rent their portion to to somebody else?
4. Can they all force me to agree to their demand of selling the house?
5. Will the separate house constructed on the name of my brother not form part of joint property?

What remedy is available to me in the above situation?
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) married sisters have equal share in property

2)co owner can sell his share in property without consent of other co owners

3) purchaser will file suit for partition for division of house by metes and bounds

4) purchaser can rent out his share to third party

5) sisters can file suit for partition for division of house by metes and bounds

6)property was bought in brother name for benefit of joint family . all legal heirs have share in said property

Ajay Sethi
Advocate, Mumbai
96767 Answers
7804 Consultations

It is not clear whether he made any deed to fix the respective possession and ownership of all his legal heirs.

1. if no then on his death all his properties would be devolved upon his 7 legal hersi in euqal share.

2.in that event your sisters have undivided 1/7th sahre each along with their brothers and mother.

3. there is no legal bar to sell undivided share in the proeprty.

4. However it is advisable that all of you sit together and make a mutual deed of partition.

5. If mutual partition deed is not possible then file a suit for partition wherein the court through an advocate commissioner demarcate the respective sahre and partition the proeprty.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

1. On the intestate demise of your father his property has devolved through succession on his widow and all children equally. The share of your sisters is at par with that of you and your brother.

2. The share of each heir is 1/7th, which he/she can cull out by filing a suit for partition in the civil court.

3. Unless the property is divided no legal heir can sell his share and put the buyer in possession.

4. After partition by metes and bounds the heirs will be free to sell or rent their share,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

If your father has died without a will then the property has to be divided as per the provisions of the Hindu Marriage Act.

to avoid complication among yourself you all might do a family settlement.

After the division is done then the concerned person can sell it, give it on rent etc i.e., he/ she can do whatever he/ she wants with their share of the land.

If they force you for something, you may go ahead and file a suit for partition.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

1. Yes, your married sisters also have equal rights in the property left behind by your deceased father.

2. They cannot sell their share directly in the dwelling hose without proper partition.

3. There has to be a mutual partition or by a judgment of a court of of law.

4. Their share of property has to be identikit after partition after that they can do anything with their share of property.

5. If that separate house was also purchased by your father on his name then you too have a right in that property for your legitimate share in it.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

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