• Property claim

My father owns a house..I have one married sister. Now both my parents are no more. I am staying away from my parental home as I am in service.However I intend to stay there after my retirement as I have no other property in my name.In case I do not sell my father's property, can my sister stake her claim to stay in my father's house and can she lock a portion of it.
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

your sister can claim a share in the property, being legal heir, in case your father died intestate

she can't lock the premises but can stake a claim in the property

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. it appears your father has died intestate leaving this property and in that context the house is liable for division in equal share between you and your sister.

2. In other words both of you have undivided equal share and hence to avoid dispute make an amicable deed pf partition and get a physical demarcation of your respective share and possession.

3/ Else filing a suit for partition is an option. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

  1. Yes . Your sister has an equal share as you in all immovable and moveable assets of your late father. 
  2. As the property in question is a dwelling house, it cannot be partitioed. Both you and your sister, along with your respective families, have rights to reside here, but no partition. However, you can buy her off her share in the dwelling house for consideration. Then she won't have right of residence

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

On your father demise you and your sister ha e equal share in property 

 

2) your sister has right to stay in portion of said house and she can lock portion of it 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

She has right over house if no will she can claim partition of house and she can claim one portiton if house can be divided.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes daughters have equal rights in her father's property as to other to sons.

She can enjoy the property in common or a portion on mutual settlement and also lock her such portion. In case of any disagreement, any cosharer can go for a partition for division by metes and bounds.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Dear Sir,

Yes, your sister has every right to claim your fathers property as he has died intestate. Hence it is better to sell the house immediately and get new one in your name.  If she file a case against you, then she can fight for years together.

Daughters Have Equal Rights In Ancestral Property and also self acquired property of father after his death.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Your sister can claim in said property she is a legal heir, better settle amicably without any dispute. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Your sister is also the legal heir of the said house of your deceased father along with you.

 

2. You can certainly stay in your late father's house now or after retirement.

 

3. Your sister can occupy a portion of the house claiming to be used by her and lock that portition unless that portion is claimed by you as being used by you.

 

4. You two should sit and make a partition deed registered in connection with the said property.

 

5. If she does not want to settle the matter amicably, file a partition suit against her claiming partition of your late father's hopuse to be divided by the Court commissioner as per the direction of the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Yiu both have rights it's better to settle the same. Else you need to execute Registered partition deed in this case. If she does any such things you need to file a suit to stop her by taking injunction orders

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

 your sister will have 50% share in the property and in case you need to transfer the property in your name then you will have to get relinquishment deed from your sister to get the property transferred in your name.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. If your father has passed away intestate i.e without making a will then his property has devolved through intestate succession on both his children equally. The share of your sister is at par with your share irrespective of her marriage. 

2. Your sister is at liberty to file a suit for partition in the civil court to cull out her share. Even without partition she can reside in property and can lock a part of it,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

She has equal share, even if you sell, she can demand half money.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Since your sister is also a legal heir to your deceased father she is also entitled for a legitimate share in the property.

Therefore you cannot deny her rightful share alternately you may offer to buy her share of property which may solve your problem.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1.  IF father has executed a WILL in your favor, THEN sister will not be able to claim any rights over the Father's house.  You must get the house Title transferred in your name in the Revenue and Municipal records.

2.  IF you do not want to give anything to the Sister, THEN keep the house locked or Rent it, BUT DO NOT GIVE POSSESSION to anybody, to avoid disputes in future.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

  1. As per the information mentioned in the present query, makes it clear that there is no Will left by your parents.
  2. And in the absence of any Will, the property will go to all legal heirs including your sister also as per the Hindu Succession Act as daughters do come under the category of class one heir.
  3. She can claim her share at any time she wishes to, and she may get the similar order to stay in Harold portion after letting half for you from the court of law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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