Sir, my family details 1.me (married),wife and one daughter 2.Sister (married) and 02 children 3. Father(re-marriage) at 60 years of age and in 2019 he legally adopted one married son) of my step mother....and My real mother was expired approx 20 years back. 2. Property details (I) Himachal Pradesh (ii) Dehradun 3. Facts are as follows: (A) Nanaji have 02 daughters ....my mother and mausiji....after Nanaji death property goes to 03 sharer parties that is mother, mausiji and naniji. (B) naniji was residing with my mausiji daughter. After naniji death it was mutual concerned with family members that naniji share will go to mausiji daughter. (C) After my mother death as per Himachal law my mother property share will go to me and my sister. (D) without any demarcation of property share my father constructed a house in Himachal Pradesh sharer property land .......approx 15 years back. (E) till date in Himachal Pradesh property was not equally divided legally amongst sharer parties. (F) my sister legally gaves a power of attorney to my father of his sharer property but few days before legally she have with drawn her power of attorney. (G) As per my property share in Himachal Pradesh I legally Gifted to my father on 2014. (D) Dehradun property is the name of my father and the same was legally gifted to me on 2014 now this property is in the name of mine. 4. Now days property sharer all parties compelling hard to my sister for partion of property and Himachal authorities such as patwari and others saying if my sister will not come for demarcation/partion they will decide the property share location/demarcation ....as this case was lying pending 20 years back for property partion at the time of my mothers death. 5. Questions : (a) without my sister concerned and not obtaining my sister signature of mutual property partion..... can property sharer i.e. father,mausiji and mausiji daughter can they legally divide the property share/demarcation at their own way through patwari or any with govt.authority. (B) if yes then can it may be challengable through court. (C) legally gifted property is in dehradun in the name of mine, can father take back this property, step mother and legally adopted son have any rights in dehradun property or after father death can they claim any right in dehradun property. (D) Personally I don't want that Himachal Pradesh property will go to my step mother and to adopted son. If my sister don't in agreement to sign for partion of property then what is the consequences of that property. (E) In view of the above context it's my will that this property will not go to my step mother in this regard what to do as per existing law.
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2) sister consent is necessary for partition of property
3) in alternative they have to obtain court orders for partition of property for division by metes and bounds
4) your father could not have legally adopted married son of step mother
5) for valid adoption under hindu law the son should not have been more than 15 years old
6) only if there is custom in your community adoption would be valid
5. no without her signature it can't be legally done by them
B) yes it is Challengeable
C) father can only take back through senior citizens Act
D) you can also challenge if they do rys fraud.
E) you can only do will if the property is exclusively yours.
a) Sister may raise an objection in future
c) on father death they can not claim the same
e) you may make a will as per your choice.
Regards
IF she dose not appear after serving notice, partition shall be done in her absence. She can challenge within limitation period.
NO, property once gifted shall be yours, gift cannot be revoked.
Gifted property is yours.
Yes the can make partition of the suit is pending before any court by Ex-parte order.
Here your sister will become Ex-parte.
Yes you sister can make application for set aside Ex-parte orders.
If the property is gifted to you by legal way then no one can claim share in that property from you.
No patwari or govt. authority can do any partition without the consent of your sister, she has to give her consent or they may have to approach court with a suit for partition.
2. If the Dehradun property was transferred to you by a registered gift deed, then neither your father nor anyone can claim any share in it as a right.
3. Your father's share in the property shall devolve equally on all his legal heirs including you, your sister and his wife but not on the step son, if your father is reported to die intestate.
Your sister's share in the property cannot be partitioned by anyone without her consent except by court in a suit for partition.
