• What defenses needed to be taken

Hello sir's, Im 24yrs old and my occupation iz a planter, My father died on 28 dec 2005 after the death of my father his brother and we got disputes for the property and finally we got the equal share of my fathers property through a registered partion deed in the year 2006, I had a sister she got a intercaste marriage without our permission in the year 2011 because of that we no relationship between us now in the year 2017 she has filled a suit claming the share in our property so what can I do what defenses can i take against it because my living iz depened on those properties please giv me sum suggestions
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Sir she legally your sister has share and further there is not relinquishment deed done by her. So in general there is no defence, further your father died in December 2005 that is after amendment so even it is ancestral property she gets a share.

So in this case what would i suggest would be you and uncle offer her some amount and take a relinquishment deed on settlement. or take lame defences and continue suit for 10- 12 years there is no other way further the defences can be made by perusing the plaint filed by her,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sister has equal share in property

You can not deny her share in self acquired property of deceased father

3) if it is ancestral property sister would not have share if father died before 2005

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

If the property in question is your father's self acquired property, yous sister too had a share in this property, exactly equal to your share.

Contact a local lawyer with property details. The nature of the property in question has to be determined before giving you a concrete response.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) If your living depends upon same property which ancestral than your sister has equal share in your father's share property like you.

2) So either you can pay her cash or any type of consideration against that share or court may grant order to give her share. Or better you make MOU between both of you and registered that paying such amount to her.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello,

She has the rightful claim on the property being the legal heir of the father.

You may take the defense that the case has been filed with a delay and you are now the absolute owner of the property by adverse possession also and hence she can not claim any share in the said property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Your sister can claim her share, after amendment in Hindu Law in 2005 sep 9 daughter can claim equal share in fathers property.

according to Section 26 of the Hindu Succession Act, a convert's child/children will be disqualified from inheriting the property of their Hindu relatives unless they are Hindus at the time.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

As per the Hindu succession Act amendment of 2005. A daughter will have a right in the said property when both daughter and father is alive as on 9th Sept 2005 irrespective of when that daughter was born. Any partition with registered partition deed before [deleted] will remain unaffected by the said amendment.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Dear Sir,

You can n number of defenses provided you share more and more family history, family properties, your sister’s education, the circumstances under which she married, the status you brother in law before marriage and after marriage. You have to share relevant documents etc.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Client,

Partition is invalid has uncle has no inheritance right in the property and inter caste marriage does not absolve sister to inherit her share in father`s property.

Was she disowned by your father through paper declaration ?

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. The intercaste marriage of your sister did not oust her share in the property of her deceased father who died intestate.

2. She has an indefeasible share in the property which she can cull out by filing a suit for partition in which she will have to challenge the partition deed executed between you and your uncle.

3. You can take the defence that she is well beyond the period of limitation as she had to challenge the partition deed within 3 years.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You should remember that your sister is also one of the legal heirs/successors in interest to the properties that were left behind by your father upon his intestate death.

That way she is entitled to a legitimate share in the proeprty, you cannot refuse or deny her rights.

You can have an amicable talks with her and give her some money as compensation if she agrees, or leave it to the court to decide as per each individual's entitlement in the property.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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