You and your siblings have equal share in the house inherited by your father
only if your siblings execute gift deed or relinquishment deed would you be absolute owner of property
Inheritance to daughters
My 2 sisters got married 7-10 years before the act for equal share of property to daughters came. Their marriage were well planned. My uncle (my mother's sister husband) purchased a big site in which my mother was partner. As per local law, the site cannot be sold to others before 15 years. After the 15 years, the site was transferred to my younger sister from my uncle where my mother and sister were witnesses to the registered site deed. My father and mother died in 2005 and 2006 within a gap of 8 months intestate. There was an LIC policy in mother's name where we all 3 children were nominees. As LIC would give only one cheque, I and my younger sister gave consent to take that money to my elder sister. I live in the house where parents used today now. Even after 14 years of negotiation, they are not ready for settlement. The house was inherited by my grandfather to my father. what is the solution I can pursue in this case of acquiring this house. Is there any limitation act for this. Please suggest
Asked 3 years ago in Property Law
Religion: Hindu
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15 Answers
1. In view of intestate death of your parents, the share in the property devolves equally to you and to your 2 sisters in 1/3rd share.
2. If your two sisters' voluntarily execute a registered Release Deed relinquishing their share in the property in your favour, you can become Absolute Owner of the property you are living in. There's no limitation in the instant case.
1. In view of intestate death of your parents, the share in the property devolves equally to you and to your 2 sisters in 1/3rd share.
2. If your two sisters' voluntarily execute a registered Release Deed relinquishing their share in the property in your favour, you can become Absolute Owner of the property you are living in. There's no limitation in the instant case.
Please file suit for partition for the equal share of each legal heirs as per Hindu Succession Act 1956.
The house property belonged to your deceased father.
Upon his intestate death this property shall devolve equally on all his legal heirs consisting his three children.
You are entitled for one third share in the property.
If they don't agree for an amicable partition you can file a suit for partition and separate possession of your legitimate share in the property.
There's no limitation to file partition suit.
All 3 children have right in that house.
Legally on death of your parents all of their children have got equal share in this.
Therefore to resolve the dispute amicably make our if court settlement.
Otherwise if any of you file a suit for partition the respective shares would be declared by court and subsequently partitioned by metes and bounds.
Yes you can file a suit for the same for partition and your share. You need to bring the case under limitation by knowledge of the same
After the death of your father you and your sisters become the absolute owners of his property. you have 1/3 rd share in the house. For getting the share file a partition suit. No limitation is attracted in your case
The ancestral property has to be divided equally amongst you. It would have been better if things had worked out peacefully but if they are not then a partition suit has to be filed.
They have a share legally.
Dear Sir,
Possession is nine points in law and thus you continue enjoying the entire house property and for the purpose of getting other benefits you have to get issue a legal notice and then approach Civil Court.
Daughters have equal rights in the property and you have rights on the ancestral house and you need not go out of house as the house is under your possession. Do you can give their share by way of settlement deed by adjusting cash or other properties share.
Dear Sir/Madam,
You are suggested that the limitation is not applicable because the cause of action continues and you are suggested to file partition suit for the said properties.
At first serve a legal notice and then you can file a partition suit along with injunction suit before the court for your shares.
1. You can file partition suit to claim your share from property of your father but cannot claim ownership of complete house without consent of your sisters.
2. There is no limitation For partition of house
- You have equal right over the property & assets left by your father and in the ancestral property .
- send a legal notice to them , and on refusal file a Partition suit before the court.
