• Daughter's partition suit at 75 years age

Hi, 
I have a older sister and we are only two to our parents. I am 70 years old and she is around 79. My father expired around 30 years back and didnt write any will. We have a farm land of around 4 acres in village, which is very valuable now. And this was my father's self-earned property.

All these years me and my sister were in good terms and I gave her some money (there was no agreement or anything) years ago to keep the land for myself and my children. The property was in my father's name, until recently I got it transfered in my name. 

Now my sister (with the help of her children) has filed a partition suit against me last week. They have raised 2005 Hindu succession act and others. 

Is there a way I could keep the entire land for myself?
Asked 5 years ago in Property Law
Religion: Hindu

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15 Answers

On father demise sister has equal share in property 

 

2) it is better to arrive at an amicable settlement withsister 

 

3) don’t waste time and money on litigation fees 

Ajay Sethi
Advocate, Mumbai
94730 Answers
7536 Consultations

5.0 on 5.0

  1. As you have already paid your sister some money as consideration to buy her share, she has no legal right over it now. Ie no right to claim partition. 
  2. My services are at your disposal if she files a partition suit. You must not give in to her unfair demands and be prepared to defend yourself in partition suit. 
  3. See me at my office. Take appointment [deleted] (nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

See since the sister has not relinquished her share by a release deed or there is no proof that she took consideration for her share she shall get her share in the property. You cannot keep complete property to yourself.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

They got confused regarding the ancestral property and self acquired property.   The ancestral property is concern it should be come from three male descendents without the partition or alienation. So far as your case concern,  as you said,  the property in dispute was your father's self acquired property.  You forget about the 2005 Amendment Act but as per the Hindu Succession Act 1956 itself the children gone through the Hindu parents have equal rights in their parents self acquired property if father/mother died intestate. In case,  if your father have not made any WILL in favour of you then as per the Hindu Succession Act 1956 itself your sister will get equal rights like you in your father self acquired  property.  But you have a better ground that she had not filed the suit immediately after the Succession right had opened. She wantonly kept quit for almost 30years after death of your father. Therefore you have case on the ground of delay in filing the partition suit.  Contest the case by engaging  an advocate you may succeed the case. 

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

4.9 on 5.0

The succession Act 2005 allows daughters to claim this year in the property of parents if there is no will available from the parents and in case of ancestral property there is no need of anyone and the property share can also be claimed.

As the property has already been transferred in your name after the expiry of your parents you can contest the case on the grounds of compensation paid to your sister before getting the property transferred in your name that should be claimed in way of monetary compensation for the marriage and settlement of the sisters family this case will take to learn in case you just try to manage in such a way that decision should not be taken by the court to allow the property to be transferred in the name of your sister you will have the option to take up the matter in higher court even if you get decision against you.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1) If you're farming whole land after your father and taking care of all agricultural stuff. Than you can request in the court that you want whole agricultural land , so whatever share of sister side would like to purchase at market cost. Instead of going for partition.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

If the said land is legally partitioned between you before the date of amendment of 2005 then she can't ask any share. Secondly if your father was not alive on the date or the amendment of 2005 HSA then also she can't ask any share.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1.   In the absence of Father's WILL,  BOTH of you are the residual Legal Heirs of the deceased Father and are legally entitled to EQUAL share of the deceased's property.  There is no other way out.

2.  HOWEVER, "IF" you can documentarily (or thru witnesses),  prove that you have paid money to sister, in lieu of consideration /settlement of land, THEN sister not be able to claim the said land. 

3.  A WILL, in your favor, of the Father, (say kept with close friends /relatives) also prove your 100% right over the property.  The witnesses to the WILL can testify in court, in your favor, in the partition proceedings, which will prove final for all purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Client,

Daughter have equal share, bring your defense of adverse possession to claim absolute ownership.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

If there is no stay better to sell it out and extinguish the property itself.  Secondly even if there is any stay you can sell it and continue the litigation as formal litigation.  It takes years together to see the result of partition suit by your sister and her children.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

She has equal share in fathers property, she can claim through partition suit better settle the said dispute amicably through an mediator. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. How did you get the property transferred to your name unless your sister executed a release deed in your favour? I assume that you got the mutation certificate transferred to your name, but a mutation certificate is not a document of title.

2. Since your father died intestate i,e without writing a will his property has devolved through intestate succession on both his daughters equally. The share of your sister is at par with your share which she can legitimately cull out by filing a suit for partition.

3. 2005 amendment to Hindu Succession Act is not applicable in your case as it relates to only ancestral property.

4. Better make an amicable settlement in the partition suit.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The property was your father's and hence she has a share in the property. Youbgave her some money in lieu of the property but that has not been documented anywhere so it is a very weak argument although can be made in court if you have a record of the transfer of money.

Otherwise she has a legitimate share.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the property was the self acquired property which makes her as eligible as you are to have equal share in it in the absence of any documentary evidence to say that she transferred her share to you for money or otherwise.
  2. Now, the good point for you to consider that they have been talking about the amendment after 2005, but they have not understood that the same amendment talks about the share of the diughter in the anscestral property, but here is the property was the self acquired.
  3. On this point only, their suit can be dismissed and you will be save otheriwse you may have to share equally.

Rest, you can contact me through Kaanoon for further detailed discussion over this issue.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

As you have mentioned that this is your father's self acquired proeprty and he is reported to have died intestate, under this situation the properties left behind by him shall devolve equally among all his legal heirs.

Your sister has a right for her legitimate share in the property which you cannot deny for any reason.

The court will partition the property into two equal parts and allot one share to her hence it would be better that you go for an amicable settlement with her and you both can divide the property as per mutually agreed conditions instead of running the long stretched legal battle and gaining nothing at the end.

 

T Kalaiselvan
Advocate, Vellore
84930 Answers
2196 Consultations

5.0 on 5.0

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