She can file suit for partition for division of property by metes and bounds
2) she cannot evict brother from flat
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
She can file suit for partition for division of property by metes and bounds
2) she cannot evict brother from flat
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.
Hello,
- 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.
She needs to pay him the cost before eviction. A person with his self acquired property has all the ownership rights to take decisions
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.
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.
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. .
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.
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
Yes She may under Hindu Succession Act 1956.
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.
Yes she can file partition suit to claim her share but eviction of brother who is living in the house will not be possible.
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.
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.