She is entitled fir one sixth share in property
2) you don’t have to give property in location she desires
3) court would appoint commissioner for passing final decree
4) if sisters ha e sold property and is entitled to share in sale proceeds
Property division
Hello sir/Madam, My father had a unmarried brother and he had 10 acres of self-acquired property. he died around year 1975 intestate and since my father was only one legal heir (my father did not have his parents alive that time and no other siblings except my father), it transferred to my father. my father had six children (3 sons and 3 daughters). he died around year 1985 intestate during that time my elder sister is already married and had children (around year 1980). During property division my elder sister said that she doesn't need property share and signed also (but that sign is not registered). Hence we 5 siblings(3 sons , 2 daughters divided the property and registered). Now in 2016, she is claiming 1/6th share of the property. is she eligible? She went to court for her claim, Now my brothers convinced me to do a settlement with her. So together with me and my brothers we made a settlement and court has given preliminary decree. The decree has, what is the share to be given to her from each of us but doesnt specify the location details. Now the problem is she is fine with my two brothers property location (since they made some deal with her internally ) and she refuse to take my property share where I wish to give. She wants different location in my property. Now how can I proceed? Below are the questions in summary 1. Is she eligible for her 1/6th claim of property? 2. Do I need to give the property she wish (location)? 3. If I don’t want to give property the location she wants and she refuse to take the property I wish to give, will the preliminary decree go for void as already preliminary decree made and court case is disposed ? 4. If point 3 is yes, can my brothers and me re align the property which aligned during year 1985 so that my elder sister also gets property where she wish? 5. Or re alignment should be done with all my siblings(3 brothers +3 sisters) 6. If point 5 is yes, my other two sisters had sold some portions of the property, what happened to them? CNR Number : KAUK[deleted] Thanks, Narayan
Asked 4 years ago in Property Law
Religion: Hindu
10 Answers
1.Yes she is eligible as she is legal heir the share will be decided as per no of heirs.
2.It's not compulsory to give her the location she wants to its better to settle amicable if possible.
3. If she refuses then court will apply it's discretion
4. Yes
5. Yes
6. They need to pay form the same in monetary terms
Yes. Why you bother, let the court decide the partition. She only will be delayed. You enjoy your possession.
She have 1/6th share but you could have object her case as barred by limitation. Cause on action arise from the date of partition held between all.
Refuse her. Don`t give her anything.
Raise limitation issue.
If court will order partition than other brother`s share will also suffer.
OR all can do realignment. Sold portion will not include.
Yes, she is eligible for 1/6 share.
As per mutual settlement you can give her share.
A preliminary decree once passed could not be set aside unless and until the appeal was filed.
1. She is very much entitled for 1/6th share in the property left behind by your deceased father.
2. If you want to settle the issue amicably then yo can negotiate with her and go for a mutual agreement in this regard to bring an end to this litigation.
3. Preliminary decree passed by court will entitle her to have 1/6th share ion the property and after that she will file a final decree petition by which the court will allot her a share of property based on the provisions of law, and it may involve your own property which you do not want to spare now.
4. It depends on the division made by the court on her application for final decree.
5. Entire property will be brought under one and the court may divide the entire property to 6 shares and allot one such equal share to each shareholder.
6. The properties already sold also would be brought into this partition suit.
1. Yes she was eligible for her share because settlement in which she gave her consent was not registered but her suit was barred by limitation.
2. No you don't need to give her share according to her wish try to negotiate with her.
3. Yes you all can make new settlement deed.
1. How she is entitled to 1/6th share? Why notional division will not applicable here. As per notional division she is entitled to 1/24th share. Please let me know why notional division is not applicable here? as father is died before 2005 (1985) 2. If notional division applicable here then my other two sisters also get less property, so can i re align the property now with my 3 brothers and 3 sisters? 3. if re align is possible , what happens to already sold property by us? will they get monetary compensation or property only? considering notional division is not possible, below are the questions 4.Since my two brothers has recently given their share (after preliminary decree is passed ) and now she is refusing to take my share, will final decree proceeding is between only me and her? i.e court will set up a commission to decide the property only between me and her, is it not involve my other two brothers? Or, it will take mine and my brothers property as one entity and then divide again? 5. how to set aside the preliminary decree? on what all possible grounds?
Asked 4 years ago
On father demise his inherited property would devolve on his 3 sons and 3 daughters equally . It is not ancestral property
2) she can file suit to set aside sale of property
3) court will appoint commissioner for division of property among the legal heirs
4) if brothers have already given their share commissioner will only divide property between you and your sister
1. What do you mean by notional share and how did you arise at 1/24th share for your sister?
After the property was acquired by your father, it became his own and absolute proeprty.
Upon your father reported to have died intestate, all his properties shall devolve equally on all his legal heirs, since you are 6 children to your father, your sister by virtue of one of the legal heirs shall exercise equal rights at par with her siblings.
This is not ancestral property, hence there is no question of amended law of the year 2005 to operate in this situation.
2. Dont stretch your imagination, you may read the provisions of law properly before taking any hasty steps.
3. This will be decided by court, if there is no amicable solution arrived among yourselves on this.
4. Preliminary decree shall confirm her rights in the property, she is not bound to accept your terms if she do not like or willing, she may go by the court order and the court may decide about all such eventualities as per law. It is not necessary for the court to accept your offer or the court shall force her to accept the offer given by you.
5. If you are aggrieved by the pre-decree, you may have to prefer an appeal before the appellate court on the grounds you may rely upon.
Why notional division ? You only six heirs and she is entitle to 1/6th. And if in any case she will inherit 1/24th share, same brother will get.
Court will order partition of whole property.
Preliminary decree if not challenged becomes final. File appeal against it.
The 2005 amendment is interpreted by SC and it's stated that daughters have right by birth.
Stating that the decree is contrary to law and not interpreting the correct position of law. Therefore needs to be set aside and quashed