NO 3 share only 2 share. Only daughters.
And after mother death, her share inherited by 1/3rd each.
Now there are only 2 co owners, father and sister. Partition deed cannot execute without her presence or consent. Any division will be illegal.
Ancestral property
Sir , ancestral property is in Himachal Pradesh near hamirpur...my nanaji have 02daughters...after his death.... property share goes to 02 daughter and his wife (naniji).......now naniji also expired. Now property goes to 03sharers..my mother, mausiji and mausiji daughter because she was her (naniji care taker)....... My mother also expired so this property share will be divided to me and my sister.....but as my father is residing in my mother (property )share in Himachal Pradesh....my father engaged in 2marriage and he legally he adopted that lady son... My share I legally gifted to my father... Questions is that regarding my sister property share she legally gave a power of attorney to my father when she comes to know that my father and step mother playing some game in that property because they trying to divided that property through patwari in their own way which is not acceptable to my sister regarding this issue my sister with drawn that power of attorney but now property sharer including patwari compelling hard to my sister that come to Himachal Pradesh and decide property location for equally dividation .....till date property not divided amongst property sharer. I want to confirm without my sister concerned can they legally divide the property share amongst each other through patwari. My mail id is [deleted]
Asked 6 years ago in Property Law
Religion: Hindu
12 Answers
sister consent would be necessary for division of property by metes and bounds
2) patwari cannot unilaterally divide the property
Hi,
Your father may divide the property of his share which he received as gift from you. But, he may not do anything of property of share of your sister.
Dear Client,
Please, file a Suit for Partition against the illegal property partition. If some one has given Power of Attorney to another one then that person may do all the work for POA is given.
No, they can't divide property without your sister concern.
No they cannot usually divide the property without the presence of the sister , even if they illegally divide sister can file partition suit before court for diving her share in the property.
First of all after your grandmother death the property of your grandmother will be divided into two daughters not to two daughters and one grand daughter as she was the caretaker now the distribution of the property between you and your sister and your father after the death of your mother the property will be divided into three parts one will go to your father and two parts will go to to you and your sister even if there is a problem in the distribution of the property and location that you have to take care the legal situation is that the farther along with you and your sister is the rightful owner of the property left by your mother it is your father's responsibility incase he is adapting somebody and got married the child will have the equal right in his property along with you and your sister as the property transfer to your father is ancestral property your father will have no right to make a will on the property so the property will be divided only between you three
1. Let us first have some clarity on the devolution of the property from your GF
2. After his demise it will go to his legal heirs i.e. his widow and 2 daughters, each having equal 1/3rd undivided share
2a. since the widow of your GF also passed away, her share will go to her 2 daughters and thus their share would increase as follow -
your mother - 1/3rd + 1/2 x 1/3 = 1/2 share
your aunt - 1/2 share
3. your mother who is one of the daughters also passed away
4. so her 1/2 share will devolve on her legal heirs who are her widower [husband] and 2 children. So you, your sister and father have each 1/2 x 1/3 i.e. 1/6th share each
5. you have transferred your 1/6th share to your father so his share increases to 1/6 + 1/6 = 1/3 or 33.33%
6. your sister had only give a POA to your father which she revoked
7. so at present the shares of the parties stand as follows -
your aunt - 50%
your father - 33.33%
your sister - 16.67%
TOTAL - 100%
8. Since your sister clearly has 16.67% share in the property, your father has no business to partition and divide the property without her
Si
Sir
Least interested in your ratings
Read your query first
Even if as per your state law, your father does not have a share, but you have gifted your share to your father. So your father got a share!!
Dont shoot with your remarks without first understanding what you are asking!
Patwari is only responsible for the land revenue work, i.e; organising the collection of land revenue from the farmers and providing information to the government about the crops grown in a particular area. patwari have no rights to interfere and divide property. file suit for partition of property by metes and bound .
No your sisters role is important being legal heir
If your father along with his second wife and with the help of patwari is forging your sister's signature then she may not be able to protect her interests in the proeprty. She may have to approach court of law for securing her share of proeprty.
Hence it is better that she file a partition suit in the court of law and also an injunction application restraining your father from alienating or encumbering the property in any manner till the disposal of the main suit.
No the property cannot be divided without consent of your sister.
And they cannot force her to give consent.
