You can construct on the land, no bar, if she objects, ask her to go court, In court you can file cross objection and and can pray for partition on metes and bound.
Gifted property
My late mother (My father passed away in 1993) had gifted her property to me and my sister before her demise which consists of 1.3 acres land and a house within of approx 3000sq feet. No division of the property has been done. My sister does not want division though I have told her I am willing to forgo the house (which costs about Rs 3.5 crores) as well as some portion of the land along with it and I take about 60 -70 cents (100 cents is 1 acre) for building my own house. However since she is not in favour of this and does not want any division, what should be my further action? How can I get the property divided? If she does not agree can I go ahead and build a house in the vacant land? What will be the implications?
Asked 6 years ago in Property Law
Religion: Sikh
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15 Answers
Can I force division of the gifted property through a court order if my sister refuses to divide the gifted property?
Asked 6 years ago
Yes, if your sister does not cooperate, you have no option but file suit for division of the property. Till such time the court passes an order, both of you have to hold your hands.
You can get partition done by filing a suit for partition. Before that send her a legal notice through civil lawyer. Maybe on receipt of legal notice for partition, she may agree to partition. Failing which go-ahead with filing the partition suit and on receipt of decree from court, think about raising the construction over the land.
You should file a suit for partition of the property. The court shall based on property divide the property by meats and bounds. You should not build.the house pending the partition.
You have to file a partition suit through court.
1. You shall have to file a partition nsuit praying for dividing and demarcating the properties of your late mother by metes and bounds.
2. The Court will appoint the Court commissioner to make parttion of the saaid property by metes and bounds.
3. Thereafter you can construct your house on the paertritioned land standing in your name.
1. The property has been jointly owned by you and your sister by virtue of the gift deed registered by your mother.
2. You shall have to file a partition suit to divide the said jointly helf property as suggested in my earlier post.
Thw property was gifted to you by your mother. You have the possession. If she doesn't want her share then she should make a relinquishment deed and on that basis you can have the whole property.
No if she doesn't want it then why use force.
Regards
File suit for partition for division of property by metes and bounds
2) seek injunction restraining sale of undivided share in property by your sister
You can file suit for partition
Yes you need to file suit in civil Court
If it is out of sentiment you have to deal accordingly . If you need legal recourse send a notice demanding division of property into equal shares.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
you can file a suit for partition and claim your share of property.
You may have to file a partition suit seeking division of property equally and allot you one such share with separate possession.
You cannot build a house in an unidentified share of property.
She will object and obtain an injunction against you.
Yes, you can file a partition suit and seek your share in the property with separate possession.