They have equal share but now their claim is barred by limitation.
Right of sisters in property
I am Hindu and My grandfather built a property which was divided among by father and his two brothers in the year 1978. My father's share in the property was an old building. After his death in 2000, we three brothers built a house on the same and divided amongst us. Now, our two sisters are claiming that our partition deed is not valid as they too are entitled to their share. My mother has expired and older two brothers have expired but sisters want to take advantage of the situation because my Widow sis-in law find it hard to contest a case. Legally, We are we standing now.
Asked 6 years ago in Property Law
Religion: Hindu
12 Answers
Sisters have equal share in the property
they can file suit for partition for division of property by metes and bounds
Its ancestral property your sisters do have share in the property, but you all.brothers are living in this property and not selling.
So your sister can't challenge to have their possession in the property. You can deny on ground that you don't have sufficient space to live.
1. Your sisters are right. If your father died intestate then his share in the property devolved through intestate succession on all his children equally. The share of a daughter is at par with that of son in the self acquired/separate property of father.
2. Your sisters can file a suit for declaration to declare the partition deed as void and seek partition to cull out their own share in the property.
If father and daughter were not alive on date of the amendment of 2005 of HSA then your sisters doesn't have any share
1. The property falling in the share of your father after division between him and his brothers would be considered his self acquired property.
2. in that context on death of your father intestate his property was liable for equal division among his children.
3. SO your daughters have rightful claim in their share in the property.
4. Hence to avoid legal wrangles at this age it is better that you give your sisters their legitimate shares or money in lieu thereof. Get a written acknowledgement if you do so.
See legally since the property is partitioned between fathers brothers it is not ancestral property also it was purchased by grand father so now question of ancestral property in case of demise of your father intestate without will the daughters shall have equal share in the property.
As per law sister have equal share in property.
Settle dispute amicably through an mediator.
Dear Sir,
Let you sister fight partition suit. Please contend that partition cannot be reopened and it was not challenged within period of 12 years, it is barred by limitation.
Dear client,
All the children have equal rights in the ancestral property. They may claim their share in the court also by filing a suit for partition.
If the property was ancestral then your sisters can claim equal partition in property of your father
Your sisters are entitled to their legitimate share in your father's share of proeprty.
Please note that this is not ancestral proeprty, since your father got his share of proeprty from his father, it becomes his own and absolute property hence upon his intestate death the same devolves equally on all his legal heirs.
Therefore being one of the legal heirs your sisters are entitled to a legitimate share in the property as a right.
You may talk to them and solve the issue amicably by settling amount as compensation in lieu of their respective share in the proerty and get it registered ass their share in the property so that their heirs may not lay the same claim in the future.
