• Hindu inheritance law

Can one married sister, being one of the legal heirs (out of 7) of a self acquired property (First Floor of a dwelling house) of father, where both parents are deceased, seek partition of the flat and evict the brother who has renovated the 50 year old property at his own cost with full consent of the remaining 5 siblings and living in that flat ? Thanks
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

She can file suit for partition for division of property by metes and bounds 

 

2) she cannot evict brother from flat 

Ajay Sethi
Advocate, Mumbai
100063 Answers
8170 Consultations

Yes, that sister have full right for partition 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You can file a suit for Declaration, possession, partition and  rendition of account to the effect that you are the owner of the property to the extent of  1/7th share and  your share may be partitioned  and possession  be given to you and  in case possession can not be given,  the value of the share of your property be given to you.  Hire a local lawyer and file the case. Before filing a suit, send him legal notice. 

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

Hello,

  1. As she is a legal heir she has an equal right with all other siblings. Despite the fact that you have spent money on renovation of the house she continues to have the right, especially when her consent was not sought for the same.
  2. However, all that she can seek is partition or her share in the property she has inherited after the demise of your parents. She cannot seek eviction. Practically, you may have to pay her off to the tune of her share in the property.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

- As per law, after the death of parents , the property would be devolved upon all the legal heirs i.e 7 , and the said married sister cannot claim entire property legally. 

- If she refused , then send a legal notice for partition the property , and if no response , file a suit for Partition and Permanent Injunction before the court for getting share and to restrained her from selling the property. 

Mohammed Shahzad
Advocate, Delhi
15875 Answers
243 Consultations

She needs to pay him the cost before eviction. A person with his self acquired property has all the ownership rights to take decisions

Prashant Nayak
Advocate, Mumbai
34732 Answers
250 Consultations

1. On death of the farmer intestate all his self acquired or ancestral property is liable for equal division among his children. 

2. Now if any ci sharer like you had invested in restoring the property then he can be compensated for his expenses but equal division of the property can not be avoided. 

3. Therefore resolve the problem amicably. 

Devajyoti Barman
Advocate, Kolkata
23663 Answers
538 Consultations

1. It's not clear in your narration as to whether your parents died intestate ( without executing a WILL ) or not.

2. Assuming that your father died intestate, then the entitlement to the property gets devolved to all siblings.

3.  In the instant case each one of you is entitled to 1/7th share in the property, including daughter's.

4.. you can seek partition of the property by sending a legal notice to the brother to seek partition of the property.

5.. If there's no positive response, then file a case in the jurisdictional Court for partition, declaration and separate possession of the property by metes and bounds.

Shashidhar S. Sastry
Advocate, Bangalore
5641 Answers
339 Consultations

She can only seek portion in the flat and if it is not possible to partition the flat into 7 than she can be paid for her 1/7th share but in no case can evict the brother. And she is liable to pay the brother of 1/7th renovation expanse if she wants to claim her share. .

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear Sir/Madam,

Though the said claim can be made by the said married sister, but you are suggested to contest and oppose the same. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

Hi 

Since the property is a self acquired property, the married sister has equal rights along with rest of her  6 siblings and she can ask for partition vide section 8 of Hindu succession act

In, inheritance laws, it is not a question of views of majority/ minority legal heirs. 

So, technically, the brother who has renovated the 50 year old property with his own cost and with the consent of 5 siblings can neither seek equity or preferential treatment  over the non consenting sister or the consenting sisters. 

The non married sister is entitled to 1/7 share of the self acquired property of their father/parents on an "as-is", "where-is", "what-so-ever" basis and her rights are paramount in eyes of law. 

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2174 Answers
394 Consultations

Yes  She may under Hindu Succession Act 1956.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

The aggrieved legal heir can very well file a suit for partition of the property equally and seek separate possession of her legitimate share in it. 

You may try to amicably solve the issue. 

T Kalaiselvan
Advocate, Vellore
90266 Answers
2510 Consultations

Yes she can file partition suit to claim her share but eviction of brother who is living in the house will not be possible.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

She has a share. If you did renovation then that may be paid or deducted from her share at the time of partition but she still has a share.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

married sister has equal rights in parents property. 

sisters are free to file a suit for partition to cull out their shares in the property,sister can claim for property if property is not WILL by your father to all other heirs. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19386 Answers
32 Consultations

  1. As per the information mentioned in the present query, makes it clear that all are having equal rights in the property as the same has not been given to one specific via gift deed or Will.
  2. I would like to apprise you that this is correct to have equal share in the property by all, but subject to one condition.
  3. If the Property cannot be partitioned then the people who are in possession may have to give money for the share of the others as per the market value.
  4. No one can be evicted those are having possession as of now.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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